On Monday, the Supreme Court of Nigeria affirmed that the President has the constitutional authority to declare a state of emergency in any state to prevent a breakdown of law and order or a descent into chaos. 

In a split decision of six to one, the apex court ruled that the President may suspend elected state officials during such an emergency, provided the suspension is for a limited period. 

Delivering the lead judgment, Justice Mohammed Idris cited Section 305 of the 1999 Constitution, which empowers the President to take extraordinary measures to restore normalcy when a state of emergency is declared. He noted that the Constitution does not restrict the types of actions the President can take in such circumstances. 

The ruling came in response to a lawsuit filed by the Attorneys General from PDP-controlled states, challenging the declaration of a state of emergency in Rivers State, during which elected officials were suspended for six months. The plaintiffs, comprising the Attorneys General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa, argued that the President’s actions violated constitutional provisions. 

Justice Idris also upheld preliminary objections raised by the defendants, namely the Attorney General of the Federation and the National Assembly, ruling that the plaintiffs did not establish a valid cause of action to warrant the court’s original jurisdiction. As a result, the lawsuit was dismissed for lack of jurisdiction and on its merits. 

Dissenting, Justice Obande Ogbuinya agreed that the President can declare a state of emergency but argued that this power cannot be used to suspend governors, deputy governors, or state legislators. 

This decision clarifies the scope of presidential authority during emergencies while underscoring the ongoing legal debate regarding the suspension of elected officials under such powers.