Nigeria’s Supreme Court has affirmed that the President has constitutional authority to declare a state of emergency in any state to prevent a breakdown of law and order. In a 6–1 split decision, the court held that Section 305 of the 1999 Constitution empowers the President to take “extraordinary measures” to restore normalcy once such a declaration is made.

What the Law Says

According to the majority judgment delivered by Justice Mohammed Idris, Section 305 does not spell out the exact nature of those extraordinary measures. This, the court said, gives the President discretion—including, for a limited period, the suspension of elected officials—during a state of emergency.

Why PDP States Went to Court

Attorneys-General of PDP-governed states challenged President Bola Tinubu’s declaration of emergency in Rivers State, where elected officials were suspended and a Sole Administrator appointed. They argued that the Constitution does not permit the President to suspend governors, deputies, or state assemblies under any guise.

Why the Case Failed

The court struck out the suit for lack of jurisdiction, holding that the plaintiffs failed to establish a proper dispute. It nonetheless dismissed the case on the merits.

The Political Context

This judgment comes amid shifting politics: the Rivers State Governor, Siminalayi Fubara, recently decamped from PDP to APC and met with President Tinubu.

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