The supreme court has affirmed the president’s powers to declare a state of emergency in any part of the country to forestall breakdown of law and order.
In a split decision of six-to-one, the apex court held that, during a state of emergency, the president can suspend elected officials, but that such suspension of elected officials must be within a limited period.
In the lead majority judgment, Justice Mohammed Idris held that Section 305 of the Constitution gives the President the power to deploy extraordinary measures to restore normalcy where emergency rule is declared.
The ruling was as a result of a suit filed by Adamawa state, in conjuction with ten other Peoples Democratic Party (PDP)-led states, challenging the emergency rule declared by President Bola Tinubu in Rivers state in March, during which elected state officials, including Governor Siminalayi Fubara, were suspended for six months.
Justice Idris, had in the earlier part of the judgment, upheld the preliminary objections raised by the two defendants against the competence of the suit.
While upholding the objections raised by the Attorney General of the Federation and the National Assembly, Justice Idris held that the plaintiff failed to establish any cause of action capable of activating the original jurisdiction of the apex court.
The suit was struck for want of jurisdiction.
However, Justice Obande Ogbuinya dissented, noting that although the President could declare a state of emergency, the President could not use such power as a tool to suspend elected state officials.
(Editor: Anoyoyo Ogiagboviogie)
