Fubara: Supreme Court Affirms President’s Power To Declare Emergency Rule, Suspend Elected Officials

The Supreme Court of Nigeria, has held that a sitting President has the power to declare a state of emergency in any state of the Federation in a bid to forestall breakdown of law and order or a descent into chaos or anarchy.

The court in its judgement on the suit filed by Adamawa and 10 other Peoples Democratic Party-led States, challenging the validity of the state of emergency declared by President Bola Tinubu in Rivers State, during which Governor Siminalaye Fubara and elected state officials were suspended for six months, said the president, has the power to do so.

Justice Mohammed Idris, in its lead judgement, held that Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is proclaimed.

More so, in a split decision of six-to-one, the apex court reasoned that the President, during an emergency rule, can suspend democratically elected officials, but insisted that such suspensions must be for a limited period of time.

Justice Idris held that Section 305 is not specific on the nature of the extraordinary measures, thereby granting the President the discretion on how to go about it.

Justice Idris had earlier upheld the preliminary objections raised by the two defendants, the Attorney General of the Federation, and the National Assembly, against the competence of the suit.

In upholding the objections, Justice Idris held that the plaintiffs (the 11 PDP States) failed to establish any cause of action capable of activating the original jurisdiction of the apex court.

Consequently, the Jurist struck out the suit for lack of requisite jurisdiction, and proceeded to also determine the case on the merits, and dismissed it.

But in a dissenting opinion, Justice Obande Ogbuinya held that the case succeeded in part.

Justice Ogbuinya stated among others, that although the President could declare a state of emergency, the President cannot use such power as a tool to suspend elected state officials, including governors, deputy governors, and members of parliament.