Nigeria’s Supreme Court, in a split six-to-one decision, ruled that the president has the power to suspend elected officials during a state of emergency, but said such suspensions must be for a limited period.
In the lead majority judgment, Justice Mohammed Idris held that Section 305 of the Constitution empowers the president to take extraordinary measures to restore order when a state of emergency is declared.
He said the provision does not spell out the specific nature of those measures, giving the president discretion on how to act.
The ruling followed a suit filed by Adamawa State and ten other states governed by the opposition Peoples Democratic Party, challenging the state of emergency declared by President Bola Tinubu in Rivers State.
During the emergency, elected officials, including Governor Siminalayi Fubara, were suspended for six months.
Justice Idris first upheld the preliminary objections raised by the defendants, the Attorney General of the Federation, and the National Assembly, who argued that the court lacked jurisdiction to hear the case. He ruled that the 11 states failed to establish a cause of action sufficient to invoke the Supreme Court’s original jurisdiction.
The suit was struck out for want of jurisdiction. However, the court went on to consider the substance of the case and dismissed it on the merits.
In a dissenting judgment, Justice Obande Ogbuinya held that while the president is constitutionally empowered to declare a state of emergency, that authority does not extend to suspending elected state officials, including governors, deputy governors and lawmakers.
Ogbuinya ruled that the case succeeded in part, rejecting the use of emergency powers to remove democratically elected officials from office.
The judgment has sparked renewed debate over the scope of presidential powers under Nigeria’s constitution during periods of emergency.
