Fubara: Supreme Court rules president can declare emergency rule, suspend elected officials

The Supreme Court has ruled that the President can declare a state of emergency in any state to prevent a breakdown of law and order or a slide into chaos.

In a split decision of six to one, the court said that during a state of emergency, the President can suspend elected officials, but only for a limited period.

In the lead judgment, Justice Mohammed Idris said Section 305 of the Constitution gives the President the power to take extraordinary measures to restore normalcy during an emergency. He noted that the law does not specify exactly what measures the President can take, giving him discretion.

The case was brought by Adamawa State and 10 other PDP-led states.

They challenged President Bola Tinubu’s declaration of a state of emergency in Rivers State, which led to the six-month suspension of elected officials, including Governor Siminalayi Fubara.

Justice Idris also upheld preliminary objections raised by the Attorney General of the Federation (AGF) and the National Assembly, ruling that the plaintiffs did not establish a proper cause of action. He struck out the suit for lack of jurisdiction and dismissed the case on the merits.

Justice Obande Ogbuinya was the sole dissenter. He said that while the President can declare a state of emergency, this power should not be used to suspend elected officials, including governors, deputy governors, and members of parliament.