The Supreme Court has validated President Bola Tinubu’s constitutional powers to declare a state of emergency in any part of Nigeria and to suspend elected officials for a limited period, ruling against a suit filed by PDP-led states challenging his actions.
The case was brought by Adamawa State, alongside ten other states governed by the Peoples Democratic Party (PDP), contesting the March emergency declaration in Rivers State. Under the declaration, Governor Siminalayi Fubara, his deputy, and members of the Rivers State Assembly were suspended for six months.
Delivering the majority judgment, Justice Mohammed Idris referenced Section 305 of the 1999 Constitution (as amended), noting that the president has discretion to take necessary measures to maintain law and order during a state of emergency.
In a six-to-one split decision, the apex court confirmed the constitutionality of suspending elected officials within a defined timeframe and dismissed the PDP-led plaintiffs’ suit for lack of jurisdiction.
The ruling effectively upholds the legality of Tinubu’s emergency measures in Rivers State, reinforcing the president’s authority to act decisively in situations threatening public order and governance.
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