Supreme Court Upholds President’s Power To Declare Emergency Rule, Suspend Elected Officials

The Supreme Court has upheld the power of the President to declare a state of emergency in any state to prevent a breakdown of law and order or degeneration into a state of chaos or anarchy.

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 of elected officials must be within a limited period.

READ ALSO: 11 PDP Govs Challenge Fubara’s Suspension Before Supreme Court

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 (as of April, 2025) challenging the propriety of the state of emergency declared by President Bola 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 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, proceeded to also determine the case on the merits, and dismissed it.

However, Justice Obande Ogbuinya dissented and held that the case succeeded in part.

Among others, Justice Ogbuinya 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.

Amid the political crisis which involved Fubara, his predecessor, Nyesom Wike, and the Martin Amaewhule-led Rivers State House of Assembly, President Tinubu, in a nationwide broadcast on Tuesday, March 18, 2025, imposed a state of emergency in Rivers State for six months in the first instance.

Hinging his decision on Section 305 of the 1999 Constitution, Tinubu said he could not continue to watch the political situation in Rivers escalate without taking any action.

The president immediately appointed and swore in a retired naval chief, Vice Admiral Ibok-ete Ibas (rtd), as the sole administrator for the oil-rich Niger Delta state.

Tinubu was criticised by the opposition and some lawyers for his action.

Opposition governors also filed a suit against the emergency rule.

On September 17, 2025, the President announced the suspension of emergency rule.

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