JUST IN: Supreme Court Affirms President’s Authority to Suspend Elected Officials, Declare State of Emergency

The Supreme Court has affirmed the President’s constitutional power to declare a state of emergency in any state to prevent a breakdown of law and order. In a six-to-one ruling, the court also upheld the President’s authority to suspend elected officials for a limited period during such emergencies.

Delivering the lead judgment, Justice Mohammed Idris said Section 305 of the 1999 Constitution empowers the President to take extraordinary measures to restore normalcy when a state of emergency is declared, leaving the specifics of those measures to presidential discretion.

The ruling followed a lawsuit by Attorneys-General of states governed by the Peoples Democratic Party challenging the declaration of a state of emergency in Rivers State and the suspension of its elected officials for six months. The plaintiffs questioned whether the President could lawfully suspend governors, deputy governors, and state assemblies under the Constitution.

The court also dismissed preliminary objections raised by the Federal Government and National Assembly, agreeing that the plaintiffs had not established a dispute warranting the court’s original jurisdiction. Justice Obande Ogbuinya dissented, agreeing that the President can declare an emergency but cannot suspend elected officials.

More to follow…..