The Supreme Court has upheld the power of the President to declare a state of emergency on any state to prevent a breakdown of law and order or degeneration into a state of emergency.
In a split decision of six-to-one, the apex court held that the President, during a state of emergency, can suspend elected officials, but that such suspension must be within limited period.
In the lead majority judgment, Justice Mohammed Idris held that Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is declared.
Justice Mohammed Idris noted Section 305 was not specific on the nature of the extraordinary measures, thereby granting the President the discretion on how to go about it.
The judgment was on the suit filed by Adamawa State and 10 other Peoples Democratic Party – led states challenging the propriety of the state emergency declared by President Bola Ahmed Tinubu in Rivers State, during which elected state officials, including Governor Siminalayi Fubara, were suspended for six months.
Justice Idris, in the earlier part of the judgment, upheld the preliminary objections raised by the two defendants against the competence of the suit.
In upholding the the objections raised by the Attorney General of the Federation (AGF) and the National Assembly the defendants 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.
He struck out the suit for want of jurisdiction, procceded to also determine the case on the merits, and dismissed it.
However, Justice Obande Igbuinya dissented and held that the case succeeded in part.
Among others, Justice Igbuinya held that although the President could declare a state of emergency, the President could not use such power as a tool to suspend elected state officials, including governors, deputy governors, and members of parliament.
-9News Nigeria.
