The Supreme Court has ruled that the President has the power to declare a state of emergency in any state and suspend elected officials, including governors and members of parliament, but only for a limited period.
The ruling came in a six-to-one decision on a suit filed by 11 Peoples Democratic Party-led states challenging the state of emergency declared by President Bola Tinubu in Rivers State, which led to the suspension of elected state officials, including Governor Siminalayi Fubara.
Justice Mohammed Idris, who delivered the lead majority judgment, cited Section 305 of the Constitution, which empowers the President to deploy extraordinary measures to restore normalcy in a state where emergency rule is declared.
Read Also:
Tinubu’s ADC Elevated to Brigadier-General Amid Criticism
Nigerian Army Suspends Retirements Amid Nationwide Security Emergency
ICPC Grills Former Director Over Alleged Irregular Contract Appointment at FCCPC
The court held that while the President has the discretion to determine the nature of the extraordinary measures, the suspension of elected officials must be within a limited period.
However, Justice Obande Ogbuinya dissented, stating that the President’s power to declare a state of emergency should not be used to suspend elected officials.
The court ultimately struck out the suit for want of jurisdiction, dismissing the case filed by the 11 PDP states.