The Supreme Court has struck out the suit filed by Adamawa and 10 other Peoples Democratic Party-led states challenging the propriety of the state of emergency declared by President Bola Tinubu in Rivers State.
Remember that Tinubu had during the emergency rule suspended elected state’s officials for six months after disunity between the Governor Siminalayi Fubara and the Amaewhule faction of the House of Assembly.
In a split decision of six-to-one, the Supreme held that the plaintiffs (the 11 PDP states) failed to establish any cause of action capable of activating the original jurisdiction of the apex court.
Justice Mohammed Idris held, in the lead majority judgment, that the plaintiffs failed to show that there existed any actionable dispute between them and the federation to require the court to exercise its original jurisdiction.
The Supreme Court upheld the power of the President to declare a state of emergency in any state to prevent a breakdown of law and order or degeneration into a state of chaos or anarchy.
The court further held that, during such a period, the President may suspend elected officials, provided any such suspension is for a limited duration.
Justice Mohammed Idris held that Section 305 of the 1999 Constitution empowers the President to adopt extraordinary measures to restore normalcy where a state of emergency has been declared.
He noted that the provision does not specify the exact nature of those extraordinary measures, thereby vesting the President with discretion on how to act in such circumstances.
Justice Idris struck out the suit for want of jurisdiction. He nevertheless proceeded to consider the substantive issues and dismissed the case on the merits.
However, Justice Obande Ogbuinya dissented, holding that the suit succeeded in part.
He agreed that the President has the power to declare a state of emergency, but held that such power cannot be used to suspend elected state officials, including governors, deputy governors, and members of state legislatures.
The suit was filed by the Attorneys-General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.
The suit, marked SC/CV/329/2025, was predicated on eight grounds.
The plaintiffs asked the Supreme Court to determine whether the President has the constitutional authority to suspend a democratically elected government in a state and whether the procedure adopted in declaring a state of emergency in Rivers State contravened the 1999 Constitution.
