Supreme Court Backs President’s Emergency Rule, Suspension of Elected Officials

The Supreme Court on Monday dismissed the suit instituted by Adamawa State and 10 other Peoples Democratic Party-led states challenging the legality of the state of emergency declared by President Bola Tinubu in Rivers State.

Recall that Tinubu had imposed emergency rule in Rivers State and suspended elected state officials for a period of six months.

In a split decision of six to one, the apex court held that the plaintiffs, comprising the 11 PDP-governed states, failed to disclose any reasonable cause of action capable of invoking the court’s original jurisdiction.

Justice Mohammed Idris, who delivered the lead majority judgment, held that the plaintiffs did not demonstrate the existence of any actionable dispute between them and the federation that would warrant the Supreme Court’s exercise of original jurisdiction.

The apex court affirmed the constitutional authority of the President to proclaim a state of emergency in any state to forestall a breakdown of law and order or prevent a slide into chaos or anarchy.

The court further ruled that during the subsistence of such an emergency, the President may suspend elected officials, provided the suspension is limited in duration.

Justice Idris held that Section 305 of the 1999 Constitution empowers the President to adopt extraordinary measures necessary to restore normalcy once a state of emergency has been declared.

According to him, the constitutional provision does not expressly define the scope of such extraordinary measures, thereby granting the President discretion on the appropriate steps to take in the circumstances.

Justice Idris struck out the suit for lack of jurisdiction but nonetheless proceeded to consider the substantive issues and dismissed the case on its merits.

However, Justice Obande Ogbuinya dissented, holding that the suit succeeded in part.

While he agreed that the President possesses the power to declare a state of emergency, he ruled that such authority does not extend to the suspension of elected state officials, including governors, deputy governors, and members of state legislatures.

The suit was filed by the Attorneys-General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.

Marked SC/CV/329/2025, the suit was founded on eight grounds. The plaintiffs asked the Supreme Court to determine whether the President has constitutional authority to suspend a democratically elected state government and whether the procedure adopted in declaring emergency rule in Rivers State violated the 1999 Constitution.

Recall that on March 18, Tinubu declared a state of emergency in Rivers State and suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all elected members of the State House of Assembly for six months over political tensions in the oil-producing South-South state.

According to Tinubu, the decision was taken to restore stability in Rivers State, which had been engulfed in political turmoil arising from disagreements between the governor and state lawmakers.

Following the proclamation, the President appointed retired Vice Admiral Ibok-Ette Ibas, who has since been appointed an ambassador, as the administrator of the state to oversee governance.

Six months later, Fubara resumed office and pledged to promote peace and reconciliation in the state.