Nigeria’s Supreme Court has ruled that the president has the constitutional power to declare a state of emergency and suspend elected officials to prevent a breakdown of law and order.
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The decision followed a suit filed by Adamawa State alongside ten other PDP-governed states challenging President Bola Tinubu’s emergency rule imposed in Rivers State earlier this year.
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The case arose after the president declared a state of emergency in March and suspended Rivers State Governor Siminalayi Fubara, his deputy, and members of the state House of Assembly for six months.
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The apex court sat in Abuja and delivered its verdict through Justice Mohammed Idris, who read the majority judgment of the panel.
The court held that Section 305 of the 1999 Constitution gives the president discretion to take necessary steps during an emergency, including the temporary suspension of elected officials.
By a 6–1 majority, the justices dismissed the suit for lack of jurisdiction, noting that the emergency rule in Rivers State, which was lifted in September, was lawfully imposed under the constitution.
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