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Supreme Court Affirms President’s Authority to Declare Emergency, Suspend Elected Officials

Published by admin on December 15th, 2025.

Supreme Court Affirms President’s Authority to Declare Emergency, Suspend Elected Officials

The Supreme Court has ruled that the President has the constitutional power to declare a state of emergency in any part of the country when there is a serious threat to law and order. In a six-to-one majority decision, the apex court held that the President may also suspend elected officials during such an emergency, provided the action is for a limited period.

Delivering the lead judgment, Justice Mohammed Idris explained that Section 305 of the Constitution gives the President the authority to take special measures to restore peace and stability once a state of emergency is declared. He noted that the section does not clearly spell out what those measures should be, thereby allowing the President some discretion in determining the steps needed to address the situation.

The ruling followed a suit filed by Adamawa State and ten other states governed by the Peoples Democratic Party (PDP), challenging the state of emergency declared by President Bola Tinubu in Rivers State. The emergency proclamation led to the suspension of elected officials, including Governor Siminalayi Fubara, for six months. Justice Idris upheld objections raised by the Attorney General of the Federation and the National Assembly, ruling that the plaintiffs failed to establish a valid case. As a result, the suit was struck out and dismissed.

However, Justice Obande Ogbuinya disagreed with the majority view. In his dissenting opinion, he argued that while the President has the right to declare a state of emergency, that power does not extend to suspending elected state officials such as governors, their deputies, or lawmakers.