Supreme Court Backs Tinubu’s Emergency Powers, Says President Can Suspend Elected Officials — With Limits

Abuja, Nigeria– The Supreme Court on Monday upheld the President’s constitutional power to declare a state of emergency in any state of the federation and to suspend elected officials where necessary to prevent a breakdown of law and order.

In a controversial split decision of six to one, the apex court ruled that although such suspensions are permissible under emergency rule, they must be for a limited period and aimed strictly at restoring normalcy.

Delivering the lead judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution (as amended) grants the President wide powers to take “extraordinary measures” once a state of emergency is lawfully declared.

Justice Idris said the Constitution does not expressly define or limit the nature of those extraordinary measures, thereby leaving the President with discretionary authority to act in the manner he considers necessary to avert chaos, anarchy, or a total collapse of governance.

The court stated that the absence of specificity in Section 305 as to the precise measures available to the President implies a constitutional intention to vest discretion in the executive to respond effectively to emergency situations.

The judgment arose from a suit filed by Adamawa State and 10 other states governed by the Peoples Democratic Party (PDP), which challenged the declaration of a state of emergency by President Bola Tinubu in Rivers State and the subsequent suspension of elected state officials for six months.

Before addressing the substantive issues, the court upheld preliminary objections raised by the Attorney General of the Federation (AGF) and the National Assembly, who argued that the suit was incompetent.

Justice Idris ruled that the 11 PDP-led states failed to disclose any cause of action capable of invoking the Supreme Court’s original jurisdiction, describing the suit as legally defective.

He consequently struck out the case for want of jurisdiction but nevertheless proceeded to consider the substantive issues raised by the plaintiffs and dismissed the suit on the merits.

However, the judgment was not unanimous.

Justice Obande Ogbuinya delivered a dissenting opinion, holding that while the President has the constitutional authority to declare a state of emergency, such power does not extend to the suspension of democratically elected officials.

According to Justice Ogbuinya, emergency powers must not be weaponised to remove governors, deputy governors, or members of a state legislature, warning that such actions undermine constitutional democracy and the will of the electorate.