Tinubu’s Emergency Declaration Gets Supreme Court Backing in Landmark Judgment

Tinubu’s Emergency Declaration Gets Supreme Court Backing in Landmark Judgment

The Supreme Court of Nigeria has affirmed the constitutional authority of the President to declare a state of emergency in any state to prevent a breakdown of law and order or a slide into chaos and anarchy, ruling that such powers may include the temporary suspension of elected state officials.

In a split six-to-one judgment delivered on Monday, the apex court held that the President can take extraordinary measures during emergency rule, provided such actions are limited in duration and aimed at restoring normalcy.

Delivering the lead judgment, Justice Mohammed Idris said Section 305 of the 1999 Constitution (as amended) empowers the President to act decisively when national security or public safety is threatened. He noted that the Constitution does not expressly define the scope of “extraordinary measures,” thereby granting the President discretion on how to respond to emergency situations.

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The ruling followed a suit filed by Adamawa State and 10 other Peoples Democratic Party (PDP)-led states, which challenged the legality of the state of emergency declared by President Bola Tinubu in Rivers State, where elected officials were suspended for six months.

Justice Idris upheld preliminary objections raised by the Attorney General of the Federation (AGF) and the National Assembly, ruling that the plaintiff states failed to establish a valid cause of action capable of invoking the Supreme Court’s original jurisdiction. The suit was consequently struck out for lack of jurisdiction, while the substantive claims were also dismissed.

However, the decision was not unanimous. In a dissenting judgment, Justice Obande Ogbuinya held that although the President has the power to declare a state of emergency, such authority does not extend to suspending elected officials, including governors, deputy governors and members of state assemblies.

The judgment has far-reaching implications for Nigeria’s democracy, clarifying the scope of presidential emergency powers and setting judicial boundaries on federal intervention during periods of severe insecurity or governance breakdown.

Tinubu’s Emergency Declaration Gets Supreme Court Backing in Landmark Judgment