The Supreme Court on Monday affirmed the constitutional power of the President to declare a state of emergency in any part of the country, including the authority to suspend elected state officials for a limited period.

The apex court struck out a suit instituted by the governments of Adamawa and 10 other Peoples Democratic Party (PDP)-controlled states challenging the declaration of a state of emergency in Rivers State by President Bola Tinubu.

The suit was filed by the Attorneys-General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara and Bayelsa states.

In a split decision of six to one, the court held that the plaintiffs failed to establish any cause of action capable of invoking the original jurisdiction of the Supreme Court.

Delivering the lead judgment, Justice Mohammed Idris ruled that the plaintiffs did not demonstrate the existence of any actionable dispute between them and the Federation that would warrant the court’s intervention under its original jurisdiction.

Justice Idris held that Section 305 of the 1999 Constitution (as amended) empowers the President to declare a state of emergency in any state of the federation where there is a threat of a breakdown of law and order or a descent into chaos or anarchy.

According to him, the Constitution does not expressly define the specific “extraordinary measures” a President may adopt during a state of emergency, thereby granting the President discretion to take necessary steps to restore normalcy.

The court further held that, during the subsistence of a state of emergency, the President may suspend elected state officials, provided such suspension is for a limited duration.

Although Justice Idris struck out the suit for want of jurisdiction, he nevertheless proceeded to consider the substantive issues raised and dismissed the case on its merits.

However, Justice Obande Ogbuinya delivered a dissenting judgment, holding that while the President has the constitutional power to declare a state of emergency, such power does not extend to suspending democratically elected state officials, including governors, deputy governors and members of state Houses of Assembly.

The suit, marked SC/CV/329/2025, was predicated on eight grounds. The plaintiffs asked the court to determine whether the President has the constitutional authority to suspend an elected state government and whether the procedure adopted in declaring a state of emergency in Rivers State was in compliance with the 1999 Constitution.

It would be recalled that on March 18, President Tinubu declared a state of emergency in Rivers State following prolonged political tension in the oil-producing South-South state.

The President subsequently suspended Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months.

Tinubu said the decision was taken to restore stability in the state amid escalating political disagreements between the executive and the legislature.

Following the declaration, the President appointed a retired Vice Admiral, Ibok-Ette Ibas, who was later appointed an ambassador, as the sole administrator to oversee the affairs of the state during the emergency period.

At the expiration of the six-month emergency rule, Governor Fubara resumed office and pledged to work towards peace, reconciliation and stability in the state.