…as apex court splits 6–1 over Rivers emergency rule
In a landmark judgment with far-reaching political and constitutional implications, Nigeria’s Supreme Court on Monday affirmed the authority of President Tinibu to declare a state of emergency and temporarily suspend elected officials in any state teetering on the brink of anarchy.
The apex court, in a 6–1 split decision, dismissed a suit filed by Adamawa State and 10 other PDP-governed states, which challenged the President’s declaration of emergency rule in Rivers State, including the controversial six-month suspension of elected state officials.
Although the court upheld preliminary objections on jurisdictional grounds, it went further to examine the substance of the case—ultimately endorsing the President’s actions as constitutionally grounded.
Delivering the majority opinion, Justice Mohammed Idris held that Section 305 of the 1999 Constitution vests the President with wide discretionary powers to take “extraordinary measures” whenever a state faces a breakdown of law and order or imminent descent into chaos.
The court ruled that while the Constitution does not itemize every action permissible during an emergency, it does not prohibit temporary suspension of elected officials, provided such measures are strictly time-bound and aimed at restoring normal governance.
“The overriding objective of emergency powers is the preservation of the state and the restoration of constitutional order,” the majority held, noting that extraordinary situations may justify extraordinary responses.
However, the judgment was not unanimous.
In a lone but forceful dissent, Justice Obande Ogbuinya warned against what he described as a dangerous expansion of executive authority. He argued that while the President may lawfully proclaim a state of emergency, that power does not extend to suspending democratically elected officials, including governors, deputy governors, and lawmakers.
According to the dissenting justice, such suspensions undermine democratic choice and risk setting a precedent capable of eroding federalism.
Despite the dissent, the ruling stands as a decisive victory for the Presidency and a defining moment in Nigeria’s constitutional jurisprudence—reshaping the balance between executive power and democratic safeguards during national emergencies.
Political watchers say the judgment will continue to reverberate across the federation, especially as tensions simmer in several states ahead of future electoral cycles.
