The Supreme Court, in a split decision of six-to-one, has ruled in favor of the President’s authority to declare a state of emergency in any state to prevent the collapse of law and order or a descent into chaos or anarchy.
In the lead majority judgment, Justice Mohammed Idris held that Section 305 of the Constitution grants the President the power to use “extraordinary measures to restore normalcy” when an emergency rule is declared.
Since Section 305 is “not specific on the nature of the extraordinary measures,” Justice Idris reasoned that the President is given the discretion on how to proceed.
Read Also: Controversy As Tinubu’s ADC, Nurudeen Yusuf, Is Promoted Twice In One Year
Consequently, the apex court affirmed that the President “can suspend elected officials,” provided that the suspension is “within a limited period.”
This judgment addressed a suit filed by Adamawa State and ten other Peoples Democratic Party (PDP)-led states, which challenged the constitutionality of the state of emergency declared by President Bola Tinubu in Rivers State.
That declaration included the suspension of elected state officials, such as Governor Siminalayi Fubara, for six months.
In the earlier part of the judgment, Justice Idris upheld preliminary objections raised by the defendants (the Attorney General of the Federation, AGF, and the National Assembly).
He ruled that the plaintiffs (the 11 PDP states) “failed to establish any cause of action capable of activating the original jurisdiction of the apex court” and struck out the suit due to a “want of jurisdiction.”
Despite this, Justice Idris proceeded to dismiss the case by determining its merit.
In dissent, Justice Obande Ogbuinya held that the case succeeded in part.
Justice Ogbuinya maintained that while the President has the power to declare a state of emergency, this power cannot be used as a “tool to suspend elected state officials, including governors, deputy governors, and members of parliament.”
Join Informant Online WhatsApp Channel With Link Below: https://whatsapp.com/channel/0029VaihFajBadmT29ufud2
