Connect with us

Politics

Supreme Court Upholds President’s Power to Declare State of Emergency, Suspend Elected Governors, Others

In a split six-to-one ruling, the Supreme Court has upheld the President’s constitutional authority to declare a state of emergency.

Published

on

images 59
President Tinubu and Supreme Court
  • In a split six-to-one ruling, the Supreme Court has upheld the President’s constitutional authority to declare a state of emergency and, where necessary, temporarily suspend elected state officials to restore order.
VN62

The Supreme Court on Monday affirmed the constitutional powers of the President to declare a state of emergency in any part of the country to prevent a breakdown of law and order or a slide into chaos and anarchy.

In a majority decision of six to one, the apex court held that the President is empowered under the 1999 Constitution to proclaim a state of emergency and adopt extraordinary measures to restore normalcy.

The court further ruled that, during such a period, the President may suspend elected officials, provided such suspensions are for a limited duration.

Delivering the lead judgment, Justice Mohammed Idris relied on Section 305 of the Constitution, which he said grants the President wide discretion to act decisively once a state of emergency has been declared.

He noted that while the Constitution authorises extraordinary measures, it does not clearly define their scope, thereby leaving the nature of such actions to the President’s judgment.

Advertisement

The ruling followed a suit filed by Attorneys-General of states governed by the Peoples Democratic Party (PDP), who challenged President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State.

The declaration had resulted in the suspension of elected state officials for six months. The Supreme Court had reserved judgment in the matter in October.

whatsapp group

The plaintiffs included the Attorneys-General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states, while the defendants were the Federal Government and the National Assembly. The suit, marked SC/CV/329/2025, was brought on eight grounds.

Among other reliefs, the plaintiffs asked the court to determine whether the President has the constitutional authority to suspend a democratically elected governor, deputy governor, and state legislature under a state of emergency, or replace them with unelected administrators. They also questioned whether the procedure adopted in the Rivers State emergency declaration violated key provisions of the Constitution.

DON’T MISS: FULL LIST: Nigerian Governors by Political Party

Advertisement

In an earlier part of the judgment, Justice Idris upheld the preliminary objections raised by the defendants, holding that the plaintiffs failed to establish a valid cause of action capable of invoking the Supreme Court’s original jurisdiction. On this basis, the suit was struck out for want of jurisdiction.

Despite this, the court proceeded to consider the substantive issues and dismissed the case on its merits. The majority agreed that the plaintiffs did not demonstrate the existence of a justiciable dispute between themselves and the Federation.

However, Justice Obande Ogbuinya dissented. While he agreed that the President has the constitutional power to declare a state of emergency, he held that such power does not extend to the suspension of elected officials, including governors, deputy governors, and members of state legislatures.

WhatsApp

Stay ahead with VerseNews. Get the latest breaking news, insightful analysis, and trending stories. Your go-to source for timely updates and unbiased reporting.

Advertisement

WATCH: Nigeria Newspaper Headline Today

Apply For Latest Job Openings

Trending

sanwo gets sanwo gets
News3 days ago

Lagos Governor, Sanwo-Olu Approves N50,000 Wage Award for Workers

Babajide Sanwo-Olu has approved a N50,000 wage award for Lagos State public sector workers as part of measures to ease...

David Mark Rauf Aregbesola David Mark Rauf Aregbesola
Politics4 days ago

Why INEC Restores David Mark as ADC National Chairman

Independent National Electoral Commission has reinstated David Mark and other members of the African Democratic Congress National Working Committee on...

inec chh inec chh
Politics4 days ago

INEC Fixes Date for By-Elections in Six States

Independent National Electoral Commission has scheduled by-elections to fill vacant legislative seats in six states...

airline airline
News1 week ago

BREAKING: Nigerian Airlines Face Shutdown on Thursday

Domestic airlines in Nigeria may suspend operations from Thursday, April 30, as rising aviation fuel prices push operating costs to...

uk flag uk flag
News1 week ago

Another UK-Based Nigerian Found Dead at Workplace

The family of Ademola Oke is appealing for public support after the 37-year-old was found unresponsive at his workplace in...

Dangote3 Dangote3
Business1 week ago

Dangote Refinery’s 1.4mbpd Expansion to Create 95,000 Jobs

Aliko Dangote says the planned expansion of the Dangote Petroleum Refinery will significantly boost employment, strengthen local expertise...

peter obi lecturing peter obi lecturing
Education1 week ago

OAU Breaks Silence on Peter Obi Lecture Cancellation

Peter Obi’s planned lecture at Obafemi Awolowo University was cancelled, prompting the university to clarify the circumstances behind the decision.

ipobbbbb ipobbbbb
News1 week ago

IPOB Blasts Nigerian Govt Over ‘Propaganda Plot’ To Silence Explosive Washington Speech On Nnamdi Kanu

The Indigenous People of Biafra (IPOB) has accused the Nigerian government of launching a coordinated propaganda campaign to counter the...

CBN Office Abuja CBN Office Abuja
Business2 weeks ago

CBN Announces 10 New BVN Rules Nigerians Must Follow Starting May 1

The Central Bank of Nigeria has unveiled 10 major changes to the new BVN system, introducing stricter controls on devices,...

ipobbbbb ipobbbbb
News3 weeks ago

IPOB Slams Nigeria’s Terrorism List as ‘Absurd’ and Misleading

The Indigenous People of Biafra (IPOB) has rejected the Federal Government’s recently released terrorism sponsors list...

Advertisement