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Nigeria’s Supreme Court has affirmed the president’s constitutional authority to declare a state of emergency and temporarily suspend elected officials in states at risk of a breakdown in law and order.
The ruling, delivered in a 6-1 split decision, arose from a legal challenge by Adamawa State and ten other states governed by the Peoples Democratic Party (PDP). The plaintiffs had contested the President’s declaration of emergency rule in Rivers State, which included a six-month suspension of state officials. While the court ultimately dismissed the suit on jurisdictional grounds, it addressed the merits and ruled in favour of the executive.
Leading the majority decision, Justice Mohammed Idris noted that Section 305 of the 1999 Constitution grants the President broad discretion to take extraordinary measures to restore normalcy during emergencies. While the Constitution does not explicitly define the scope of these measures, the court held that temporarily suspending elected officials is permissible so long as the suspension is limited in duration.
In his dissenting opinion, Justice Obande Ogbuinya argued that although the President may declare a state of emergency, this power should not extend to suspending democratically elected officials, including governors, deputy governors, and legislators.
The decision sets a significant precedent regarding the balance between executive power and democratic governance, reinforcing the President’s authority to act decisively during crises while raising important questions about the limits of emergency powers.
