The Supreme Court has affirmed that the President has the constitutional authority to declare a state of emergency in any state to avert a breakdown of law and order or a slide into chaos or anarchy.
In a six-to-one split ruling, the apex court held that during a state of emergency, the President may suspend elected officials, provided such suspension is for a limited duration.
Delivering the lead majority judgment, Justice Mohammed Idris ruled that Section 305 of the Constitution authorises the President to adopt extraordinary measures to restore order once emergency rule is proclaimed.
Justice Idris explained that Section 305 does not clearly define the scope of such extraordinary measures, thereby leaving the President with the discretion to determine the appropriate actions to take.
The ruling arose from a suit instituted by Adamawa State and 10 other Peoples Democratic Party-led states, which challenged the legality of the state of emergency declared by President Bola Tinubu in Rivers State. During that period, elected officials, including Governor Siminalayi Fubara, were suspended for six months.
Earlier in the judgment, Justice Idris upheld the preliminary objections raised by the two defendants against the competence of the suit.
In siding with the objections filed by the Attorney General of the Federation (AGF) and the National Assembly, the judge held that the plaintiffs, being the 11 PDP states, failed to establish any cause of action capable of invoking the original jurisdiction of the Supreme Court.
He consequently struck out the suit for lack of jurisdiction but nonetheless proceeded to examine the substantive issues and dismissed the case on its merits.
However, Justice Obande Ogbuinya delivered a dissenting opinion, holding that the case succeeded in part.
Justice Ogbuinya ruled, among other things, that while the President is empowered to declare a state of emergency, such authority cannot be extended to suspending elected state officials, including governors, deputy governors, and members of parliament.
Details Latetr…