Supreme Court Backs President’s Emergency Powers, But Says Official Suspension Must Be Temporary

The Supreme Court of Nigeria has affirmed the constitutional power of the President to declare a state of emergency in any state to prevent a total breakdown of law and order.

In a majority ruling of six to one, the apex court also held that during such an emergency, the President can suspend elected state officials, but this suspension must be for a limited period.

The case was brought by Adamawa State and ten other PDP-led states, challenging the emergency rule and the six-month suspension of Governor Siminalayi Fubara and other officials in Rivers State.

In the lead majority judgment, Justice Mohammed Idris stated that Section 305 of the Constitution grants the President the discretion to deploy extraordinary measures to restore normalcy.

While the court ultimately struck out the suit, citing jurisdictional issues, it proceeded to rule on the merits and dismissed the states’ challenge.

Justice Obande Ogbuinya issued a notable dissent. He argued that while the President can declare an emergency, this power does not extend to the suspension of democratically elected governors, deputy governors, or legislators.