The Supreme Court has affirmed the President’s constitutional authority to declare a state of emergency and temporarily suspend elected officials where there is a threat of anarchy or a breakdown of law and order.

In a 6–1 split decision, the apex court dismissed a suit filed by Adamawa State and 10 other PDP-governed states challenging President Bola Tinubu’s declaration of emergency rule in Rivers State, which included the six-month suspension of elected officials.

Although the court upheld preliminary objections on jurisdiction, it went further to consider the substance of the case and ruled in favour of the President.

Delivering the majority judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution grants the President wide discretion to take extraordinary measures to restore normalcy during emergencies, even though such measures are not expressly itemised. The court ruled that temporary suspension of elected officials is permissible, provided it is time-bound.

In his dissent, Justice Obande Ogbuinya maintained that while the President may declare a state of emergency, the Constitution does not empower him to suspend democratically elected governors, deputies, or legislators.