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By Myke Agunwa
The Supreme Court has affirmed President Bola Tinubu’s constitutional authority to declare a state of emergency and temporarily suspend elected officials in a state facing breakdown of law and order.
The apex court, in a 6-1 split decision, dismissed a suit filed by Adamawa State and 10 other Peoples Democratic Party (PDP) governed states challenging the emergency rule imposed on Rivers State earlier this year.
The six-month emergency, declared in March 2025 amid political crisis, led to the suspension of Governor Siminalayi Fubara, the deputy governor Prof. Ngozi Odu and members of the State House of Assembly.
Delivering the lead majority judgment, Justice Mohammed Idris held: “Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is declared.”
Justice Idris noted that the section does not specify the exact nature of these measures, thereby granting the President discretion in addressing the crisis. He added that such suspensions must be limited in duration.
The court first struck out the suit for lack of jurisdiction, ruling that the plaintiffs “failed to establish any cause of action capable of activating the original jurisdiction of the apex court.” Despite this, the majority proceeded to address the merits and dismissed the case.
In a dissenting opinion, Justice Obande Ogbuinya argued that while the President can declare an emergency, “the President cannot use such power as a tool to suspend elected state officials, including governors, deputy governors, and members of parliament.”
The ruling upholds the actions taken during the Rivers State emergency, which had already lapsed in September 2025, with elected officials reinstated.