- Justice Ogbuinya differs on suspension of elected officials
The Supreme Court of Nigeria, on Monday, upheld the constitutional powers of the President to declare a state of emergency in any part of the federation, affirming that such authority includes the discretion to adopt extraordinary measures to restore law and order.
It thus dismissed a suit filed by the Peoples’ Democratic Party (PDP)-controlled states challenging the emergency proclamation in Rivers State.
The judgment followed a suit instituted by Attorneys-General of states governed by the PDP, who challenged the declaration of a state of emergency in Rivers State by President Bola Tinubu, during which elected state officials were suspended for six months. The Supreme Court had reserved judgment in the matter in October.
President Tinubu had on March 18, 2024, declared a state of Emergency on Rivers and suspended Governor, Siminalayi Fubara, his deputy, Mrs. Ngozi Odu, and all elected members of the State House of Assembly for an initial period of six months. The President also appointed Vice Admiral Ibok Ette Ibas (rtd.) as administrator to oversee the affairs of the State pending the resolution of the political crisis in the State.
Marked SC/CV/329/2025, the suit was predicated on eight grounds. The plaintiffs asked the court to determine whether the President has the constitutional authority to suspend a democratically elected government in any state and whether the procedure adopted in Rivers State contravened the provisions of the 1999 Constitution.
Among other reliefs, the plaintiffs sought a declaration on whether, upon a proper interpretation of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution, the President could lawfully suspend a Governor and Deputy Governor and replace them with an unelected Sole Administrator pursuant to a proclamation of a state of emergency.
They also asked the court to determine whether the President could lawfully suspend a State House of Assembly under Sections 1(2), 4(6), 11(4) and (5), 90, 105 and 305 of the Constitution.
The plaintiffs in the suit were the Attorneys-General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara and Bayelsa states, while the defendants were the Federal Government and the National Assembly.
While the Emergency rule has since been lifted on September 17, the apex court held on Monday in a split decision of six to one, that the President acted within the powers conferred on him by Section 305 of the 1999 Constitution, which authorises the declaration of a state of emergency to prevent a breakdown of law and order or a descent into chaos and anarchy.
Delivering the lead majority judgment, Justice Mohammed Idris held that the Constitution vests the President with wide discretion once a state of emergency has been declared, noting that the law does not prescribe the precise nature of the extraordinary measures that may be taken to restore normalcy.
The court further held that the President may, during the subsistence of a state of emergency, suspend elected state officials, provided such action is temporary and reasonably connected to the objective of stabilising the affected State.
In the earlier part of the judgment, Justice Idris upheld the preliminary objections raised by the Attorney-General of the Federation and the National Assembly, holding that the plaintiffs failed to disclose any cause of action capable of invoking the original jurisdiction of the Supreme Court.
The apex court, by a majority, agreed that the plaintiffs did not establish the existence of an actionable dispute between themselves and the Federation to warrant the exercise of the court’s original jurisdiction. Consequently, the suit was struck out for want of jurisdiction. Nevertheless, the court proceeded to consider the substantive issues and dismissed the case on the merits.
However, Justice Obande Ogbuinya held that while the President has the constitutional power to declare a state of emergency, such authority does not extend to the suspension of elected State officials, including governors, deputy governors and members of State legislatures.