Supreme Court Upholds Presidential Power to Declare State of Emergency, Allows Suspension of Officials
The Supreme Court of Nigeria, on Monday, delivered a landmark ruling affirming the constitutional authority of the President to declare a state of emergency in any state of the Federation where law and order is threatened or where there is imminent risk of chaos and anarchy.
In a 6–1 majority decision, the apex court upheld the President’s power under the 1999 Constitution to proclaim a state of emergency and, in limited circumstances, suspend elected officials for a defined period.
Delivering the lead judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution empowers the President to adopt extraordinary measures to restore normalcy once a state of emergency has been declared. He noted that the Constitution does not expressly define the scope of such measures, thereby vesting the President with discretion in determining appropriate actions.
The ruling arose from a suit filed by Attorneys‑General of several PDP‑controlled states challenging President Bola Tinubu’s proclamation of a state of emergency in Rivers State, during which elected officials were suspended for six months. The matter had been reserved for judgment since October.
The plaintiffs—Attorneys‑General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States—sought judicial clarification on whether the President could constitutionally suspend a democratically elected government in a state.
Filed as SC/CV/329/2025, the suit raised eight grounds, including whether the President may lawfully suspend or interfere with the offices of a Governor and Deputy Governor, and replace them with an unelected Sole Administrator under the guise of a state of emergency and whether the President may suspend a State House of Assembly pursuant to such a proclamation.
Justice Idris upheld preliminary objections raised by the Attorney‑General of the Federation and the National Assembly, ruling that the plaintiffs failed to establish a cause of action sufficient to invoke the Supreme Court’s original jurisdiction.
The court held that no actionable dispute existed between the plaintiffs and the Federation to justify the exercise of jurisdiction. Consequently, the suit was struck out for want of jurisdiction. Nonetheless, Justice Idris proceeded to consider the substantive issues and dismissed the claims on their merits.
In a lone dissent, Justice Obande Ogbuinya agreed that the President possesses the constitutional power to declare a state of emergency. However, he held that such authority does not extend to suspending elected officials; governors, deputy governors, or members of state legislatures whose offices are constitutionally protected.
