The Supreme Court has affirmed the constitutional authority of the President to declare a state of emergency in any state to avert a breakdown of law and order or a slide into chaos.
In a split decision of six to one delivered on Monday, the apex court ruled that the President may, during a state of emergency, suspend elected state officials, provided such action is for a limited duration.
Delivering the lead judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution empowers the President to take extraordinary steps to restore peace and normalcy once emergency rule is proclaimed.
Justice Idris explained that the section does not expressly define the scope of the extraordinary measures available to the President, thereby granting discretionary powers on how best to address the situation.
The ruling arose from a suit filed by Adamawa State and 10 other states governed by the Peoples Democratic Party (PDP), which challenged the legality of the state of emergency declared by President Bola Tinubu in Rivers State. The declaration led to the suspension of elected state officials for a six-month period.
