Supreme Court upholds Tinubu’s emergency powers, allows suspension of governors

The Supreme Court has ruled in favour of President Bola Tinubu, affirming his constitutional authority to declare a state of emergency in any part of Nigeria to avert a breakdown of law and order. The apex court also upheld the president’s power to suspend elected officials, including governors, for a limited period.

The ruling followed a legal challenge filed by Adamawa State, joined by ten other PDP-led states, against the emergency declaration in Rivers State in March. The declaration saw Governor Siminalayi Fubara, his deputy, and members of the Rivers State Assembly suspended for an initial period of six months.

Justice Mohammed Idris, delivering the majority opinion, cited Section 305 of the 1999 Constitution (as amended), stressing that the president has the discretion to determine necessary measures during a state of emergency.

In a split six-to-one decision, the court confirmed that suspending elected officials within a specified timeframe is constitutionally valid. The court also struck out the PDP-led states’ suit for lack of jurisdiction, effectively upholding the legality of the emergency declaration and the associated suspensions.

The judgment marks a decisive endorsement of the president’s emergency powers, reinforcing the executive’s ability to act swiftly in times of security or governance crises.