By Ayomide Otitoju
The Supreme Court has upheld the constitutional authority of the President to declare a state of emergency in any state to prevent a breakdown of law and order or a descent into chaos or anarchy.
In a split decision of six to one, the apex court ruled that the President may, during a state of emergency, suspend elected state officials, provided such suspension is limited in duration.
Delivering the lead majority judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution empowers the President to take extraordinary measures to restore normalcy once emergency rule is declared. He noted that the section does not clearly define the nature of such measures, thereby granting the President discretion in determining the steps required to address the situation.
The judgment followed a suit filed by Adamawa State and 10 other states governed by the Peoples Democratic Party (as of April 2025), which challenged the legality of the state of emergency declared by President Bola Tinubu in Rivers State. Under the emergency rule, elected officials, including Governor Siminalayi Fubara, were suspended for six months.
Justice Idris first upheld the preliminary objections raised by the Attorney-General of the Federation and the National Assembly, ruling that the plaintiff states failed to establish a cause of action capable of invoking the Supreme Court’s original jurisdiction. The suit was struck out for lack of jurisdiction. However, the court proceeded to consider the substantive issues and dismissed the case on the merits.
In a dissenting judgment, Justice Obande Ogbuinya held that while the President has the power to declare a state of emergency, such authority does not extend to suspending elected officials, including governors, deputy governors and members of state legislatures.
President Tinubu had declared a state of emergency in Rivers State on March 18, 2025, citing escalating political tensions involving Governor Fubara, his predecessor Nyesom Wike, and the Martin Amaewhule-led Rivers State House of Assembly. He subsequently appointed a retired naval chief, Vice Admiral Ibok-ete Ibas (retd.), as sole administrator of the state.
The move attracted criticism from opposition parties and some legal practitioners, prompting the affected states to challenge the emergency rule in court. The President later announced the suspension of the emergency rule on September 17, 2025.
