Supreme Court Gives Verdict on President’s Power to Declare Emergency Rule, Suspend Elected Official
- The Supreme Court has upheld the president’s powers to declare a state of emergency in any part of the country to forestall a breakdown of law and order
- The apex court also affirmed the president’s powers to suspend elected officials within a set timeframe
- The ruling was premised on a suit filed by Adamawa State, in cahoots with 10 other PDP-led states, challenging the emergency rule declared by President Bola Tinubu in Rivers State in March
Legit.ng journalist Ridwan Adeola Yusuf has over 9 years of experience covering elections, politics, public affairs, and governance in Nigeria and Africa.
FCT, Abuja - The Supreme Court on Monday, December 15, upheld the power of the President to declare a state of emergency in any state to prevent a breakdown of law and order or degeneration into a state of chaos or anarchy.
According to Channels TV, in a 6‑1 split decision, the apex court ruled that the president can suspend elected officials during a state of emergency, but such suspensions must be for a limited period.
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Supreme Court backs presidency
The Cable also noted the development.
In the lead majority judgment, Justice Mohammed Idris held that Section 305 of the constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is declared.
Justice Mohammed Idris noted Section 305 was not specific on the nature of the extraordinary measures, thereby granting the President the discretion on how to go about it.
The judgment was on the suit filed by Adamawa State and 10 other PDP-led states challenging the propriety of the state of emergency declared by President Bola Ahmed Tinubu in Rivers State, during which elected state officials, including Governor Siminalayi Fubara, were suspended for six months.
Justice Idris, in the earlier part of the judgment, upheld the preliminary objections raised by the two defendants against the competence of the suit.
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Supreme Court dismisses PDP states’ suit
In upholding the objections raised by the attorney-general of the federation (AGF) and the National Assembly (the defendants), Justice Idris held that the plaintiffs (the 11 PDP states) failed to establish any cause of action capable of activating the original jurisdiction of the apex court.
He struck out the suit for want of jurisdiction, proceeded to also determine the case on the merits, and dismissed it. However, Justice Obande Ogbuinya dissented and held that the case succeeded in part.
Among other findings, Justice Ogbuinya held that while the president has the power to declare a state of emergency, such authority cannot be used to suspend elected state officials, including governors, deputy governors, and members of parliament.
Supreme Court's judgment: Nigerians react
Meanwhile, Nigerians on X are reacting to the development.
Legit.ng captured some comments below:
@RealOlaudah wrote:
"This is a very dangerous precedent for our democracy. It doesn't start and end with President Tinubu for those who may be rejoicing in it. The Nigerian presidency is already a very powerful office, the Supreme Court just made it more powerful. This is a bad day for democracy."
@okenyi17 tweeted:
"What do you expect from supreme court under a Yoruba chief justice, Tinubu can’t be in power forever, in the Future a Fulani president will declare state of emergency and suspend Lagos state government and nothing will happen."
"Indeed, this Supreme Court judgement will help Bola Ahmed Tinubu strengthen his empire.
"It will be surprising if the constitution is not amended if he wins a second term, which looks increasingly likely, to enable him to contest again and remain in power.
"Tinubu is the type of president Nigeria has never experienced before. As it stands today, anything he wants will happen. He truly understands power Asiwaju for a reason."
Read more on Nigeria's Supreme Court:
- LG autonomy: Supreme Court calls out FG
- Tinubu pardons ex-federal lawmaker convicted of bribery by Supreme Court
Supreme Court affirms Sanda’s death sentence
Legit.ng earlier reported that the Supreme Court affirmed the death sentence handed to Maryam Sanda, over the murder of Bilyamin Mohammed Bello, her husband.
In a split judgment of four-to-one delivered, the apex court held that the court of appeal was right to uphold the decision of the trial judge in the case.
Moore Adumein, the judge who read the lead judgment, ruled that the prosecution proved the case beyond a reasonable doubt at the trial court.
Source: Legit.ng
