- Supreme Court dismisses suit by 11 PDP-led states
- Court affirms President’s emergency powers
- Justices rule suspension must be time-bound
- One justice dissents on suspending elected officials
The Supreme Court on Monday struck out a suit filed by Adamawa State and 10 other PDP-controlled states, which challenged the legality of the state of emergency declared in Rivers State by President Bola Tinubu.
In a six-to-one split decision, the Supreme Court held that the plaintiffs failed to establish any dispute capable of activating the court’s original jurisdiction.
ATTENTION: Click “HERE” to join our WhatsApp group and receive News updates directly on your WhatsApp!
Delivering the lead judgment, Justice Mohammed Idris ruled that the states did not show any actionable conflict between themselves and the Federation.
“The plaintiffs failed to establish a cause of action that would warrant the exercise of this court’s original jurisdiction,” Justice Idris held.
The court upheld the President’s authority under Section 305 of the 1999 Constitution, stating that the President is empowered to take extraordinary measures to prevent a breakdown of law and order.
According to the court, this power includes the temporary suspension of elected officials, provided such action is limited in duration.
“The Constitution does not specify the exact nature of the extraordinary measures, thereby vesting the President with discretion during a state of emergency,” the court ruled.
Although the suit was struck out for lack of jurisdiction, the apex court went further to consider the substantive issues and dismissed the case on its merits.
However, Justice Obande Ogbuinya dissented, agreeing that the President can declare a state of emergency but insisting that such power does not extend to suspending elected officials, including governors and lawmakers.
READ ALSO: Nigeria’s Inflation Eases to 14.45% in November — NBS
The suit was filed by the Attorneys-General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states, challenging Tinubu’s March 18 declaration of emergency rule in Rivers State.
President Tinubu had suspended Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the Rivers State House of Assembly for six months over prolonged political tension in the oil-rich state.
Following the declaration, retired Vice Admiral Ibok-Ette Ibas was appointed administrator to oversee governance. After six months, Governor Fubara resumed office and pledged reconciliation and stability.
