The Supreme Court on Monday ruled that a sitting President has the constitutional power to declare a state of emergency in any part of the federation in order to forestall a breakdown of law and order or a descent into chaos or anarchy.

Delivering the lead judgment in a split decision, Justice Mr. Mohammed Idris held that Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is proclaimed.

The judgment arose from a suit filed by Adamawa State and 10 other Peoples Democratic Party (PDP)-controlled states, challenging the validity of the state of emergency declared by President Bola Tinubu in Rivers State. The emergency proclamation led to the suspension of Governor Mr. Siminalayi Fubara and other elected state officials for six months.

In a six-to-one majority decision, the apex court held that the President could, during an emergency rule, suspend democratically elected officials, but emphasised that such suspensions must be for a limited period.

The court further held that Section 305 of the Constitution does not specify the nature of the extraordinary measures available to the President, thereby granting him discretion in determining the steps necessary to restore order.

Earlier, the court upheld the preliminary objections raised by the two defendants—the Attorney-General of the Federation and the National Assembly—challenging the competence of the suit.

In upholding the objections, Justice Idris held that the 11 PDP-controlled states failed to establish any cause of action capable of invoking the original jurisdiction of the Supreme Court.

Consequently, the court struck out the suit for lack of the requisite jurisdiction. Notwithstanding this, the court proceeded to consider the matter on its merits and dismissed it.

However, in a dissenting opinion, Justice Mr. Obande Ogbuinya held that the suit succeeded in part.

Justice Ogbuinya stated, among other findings, that while the President is empowered to declare a state of emergency, such powers cannot be used as a tool to suspend elected state officials, including governors, deputy governors, and members of state legislatures.