Supreme Court Okays Tinubu's Decision In Rivers Crisis, Says President Has Power To Declare Emergency Rule

The Nigerian Supreme Court says the President has the constitutional power 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.

President Bola Ahmed Tinubu's declaration of six months emergency  rule in Rivers State which eventually doused political tension, before the lifting of suspension and restoration of Governor Similaye Fubara and members of the State House of Assembly, has generated debate among human rights activists, lawyers and members of the opposition party, prompting members of the Peoples Democratic Party (PDP) Governors Forum to challenge the decision in the Supreme Court 

But the apex court in a split decision of six-to-one, held that the President, during a state of emergency, can suspend elected officials, but that such suspension of elected officials must be within a limited period.

In the lead majority judgment, Justice Mohammed Idris held that Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is declared.

However , Justice Mohammed Idris noted Section 305 was not specific on the nature of the extraordinary measures, thereby granting the President the discretion on how to go about it.

The judgment was on the suit filed by Adamawa State and 10 other Peoples Democratic Party-led states challenging the propriety of the state of emergency declared by President Bola Tinubu in Rivers State, during which elected state officials, including Governor Siminalayi Fubara, were suspended for six months.

Justice Idris, in the earlier part of the judgment, upheld the preliminary objections raised by the two defendants against the competence of the suit.

In upholding the objections raised by the Attorney General of the Federation (AGF) and the National Assembly (the defendants), Justice Idris 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.

He struck out the suit for want of jurisdiction, proceeded to also determine the case on the merits, and dismissed it.

However, Justice Obande Ogbuinya in his minority ruling ,held that the case succeeded in part.

Among others, Justice Ogbuinya held that although the President could declare a state of emergency, the President could not use such power as a tool to suspend elected state officials, including governors, deputy governors, and members of parliament.

It will be recalled that crisis started in early  2024 between the governor and his political godfather and Minister of Federal Capital Territory, Abuja, Nysome Wike over the control of soul of PDP in the state which later splited members of the State House of Assembly with majority on the side of the Minister 

Since the resolution of the crisis and reconciliation between the governor and his predecessor, both Fubara and majority of the majority lawmakers are now  in the ruling All Progressive Congress to strengthen the president in the 2027 general election in the country