S’Court affirms president’s power to declare emergency rule, suspend elected officials

The Supreme Court has affirmed the constitutional powers of the president to declare a state of emergency in any part of the country in order to prevent a breakdown of law and order.

The Supreme Court also upheld the president’s authority to suspend elected government officials for a specified period during such emergencies.

The decision followed a suit filed by Adamawa State alongside 10 other states governed by the Peoples Democratic Party (PDP), challenging the emergency rule declared by President Bola Tinubu in Rivers State in March 2025.

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Tinubu had suspended Rivers State Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly for an initial six-month period.

Delivering judgement on Monday, December 15, 2025, Mohammed Idris held that Section 305 of the 1999 Constitution (as amended) grants the president discretion to determine the necessary measures to be taken during a state of emergency.

In a split decision of six to one, the Supreme Court ruled that the president is empowered to suspend elected officials within a limited timeframe when emergency rule is in force.

The Star