The supreme court has upheld the president’s powers to declare a state of emergency in any part of the country to forestall a breakdown of law and order.
The apex court also affirmed the president’s powers to suspend elected officials within a set timeframe.
The ruling was premised on a suit filed by Adamawa state, in cahoots with 10 other Peoples Democratic Party (PDP)-led states, challenging the emergency rule declared by President Bola Tinubu in Rivers state in March.
The president had suspended Siminalayi Fubara, governor of the state, his deputy, and lawmakers of the Rivers assembly for an initial period of six months.
Mohammed Idris, who read the majority judgment, noted that Section 305 of the 1999 Constitution as amended, hands the president the discretion to decide what measures to be taken during a state of emergency.
In a split decision of six-to-one, the apex court also held that the president can suspend elected officials within a limited period.
The court subsequently struck out and dismissed the plaintiffs’ suit for want of jurisdiction.
The Rivers emergency rule was lifted in September.
