The Supreme Court has ruled that the President has the constitutional authority to declare a state of emergency in any state to forestall a breakdown of law and order or prevent a slide into chaos and anarchy.
In a divided six-to-one judgment delivered on Monday, the apex court held that the President may suspend elected officials during the period of emergency rule, but stressed that such suspensions must be temporary and time-bound.
Delivering the lead judgment, Justice Mohammed Idris said Section 305 of the Constitution empowers the President to take extraordinary steps to restore order whenever a state of emergency is declared. He explained that the provision does not spell out the exact nature of those extraordinary measures, thereby giving the President discretion on how to respond to the situation.
The ruling followed a suit instituted by Adamawa State alongside 10 other states governed by the Peoples Democratic Party, challenging the legality of the state of emergency declared by President Bola Tinubu in Rivers State, which resulted in the suspension of elected officials for six months.
Justice Idris also upheld the preliminary objections raised by the defendants, ruling that they were valid and affected the competence of the suit before the court.
