Amanze Chinonye
Nigeria’s Supreme Court on Monday affirmed the constitutional power of President Bola Tinubu to declare a state of emergency in any part of the country to prevent a breakdown of law and order, and temporarily suspend elected state officials.
In a 6–1 majority judgment, the apex court ruled in favor of the executive, following a legal challenge by Adamawa State and ten other states governed by the Peoples Democratic Party (PDP).
The plaintiffs had contested Tinubu’s March 2025 emergency declaration in Rivers State, which saw Governor Siminalayi Fubara, his deputy Ngozi Odu, and the State House of Assembly suspended for six months. The emergency was lifted in September 2025.
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The plaintiffs argued that the president acted beyond his constitutional powers, challenging the suspension of elected officials and dissolution of legislative structures. They cited Sections 1(2), 4(6), 5(2), 11(4) & (5), 90, 105, 176, 180, 188, and 305 of the 1999 Constitution, seeking clarity on whether the president could interfere with state offices or legislative assemblies under a state of emergency.
Delivering the lead judgment, Justice Mohammed Idris held that Section 305 grants the president discretionary power to take “extraordinary measures” during emergencies, leaving room to suspend elected officials if normal governance cannot maintain order.
The court also upheld objections by the Attorney-General of the Federation and the National Assembly, finding the plaintiffs failed to establish a dispute that would trigger the court’s original jurisdiction. The suit was thus struck out for want of jurisdiction and dismissed on the merits.
In dissent, Justice Obande Ogbuinya agreed the president could declare a state of emergency but maintained that the power does not extend to suspending elected officials or legislative assemblies.
The ruling clarifies the scope of presidential powers during emergencies, though legal experts note that its application in future cases could remain controversial, particularly regarding federalism and democratic governance.
Amanze Chinonye is a Staff Correspondent at Prime Business Africa, a rising star in the literary world, weaving captivating stories that transport readers to the vibrant landscapes of Nigeria and the rest of Africa. With a unique voice that blends with the newspaper's tradition and style, Chinonye's writing is a masterful exploration of the human condition, delving into themes of identity, culture, and social justice. Through her words, Chinonye paints vivid portraits of everyday African life, from the bustling markets of Nigeria's Lagos to the quiet villages of South Africa's countryside . With a keen eye for detail and a deep understanding of the complexities of Nigerian society, Chinonye's writing is both a testament to the country's rich cultural heritage and a powerful call to action for a brighter future. As a writer, Chinonye is a true storyteller, using her dexterity to educate, inspire, and uplift readers around the world.
