The Nigerian Supreme Court ruled on Monday that a sitting president can suspend democratically elected officials and declare a state of emergency in any state of the federation in an effort to prevent a breakdown of law and order or a plunge into chaos or anarchy.
Adamawa and ten other states led by the Peoples Democratic Party filed a lawsuit contesting the legality of President Bola Tinubu’s declaration of a state of emergency in Rivers State, which resulted in the six-month suspension of elected state officials including Governor Siminalaye Fubara.
In a lead majority ruling, Justice Mohammed Idris concluded that when emergency rule is declared, the president may use exceptional measures to restore normalcy under Section 305 of the Constitution.
Furthermore, in a divided six-to-one ruling, the Supreme Court affirmed that the president may suspend democratically elected individuals during an emergency, but it maintained that any suspensions must be temporary.
According to Justice Idris, the president has discretion over how to proceed because Section 305 does not specify the type of extraordinary measures.
The Attorney General of the Federation and the National Assembly, the two defendants, had already made preliminary objections to the suit’s competence, which Justice Idris had upheld.
Justice Idris upheld the objections, ruling that the plaintiffs (the 11 PDP states) had not established any cause of action that may activate the apex court’s original jurisdiction.
As a result, the judge dismissed the case after determining that it lacked the necessary jurisdiction.
However, Justice Obande Ogbuinya stated in a dissenting opinion that the lawsuit was partially successful.
Among other things, Justice Ogbuinya said that while the president may proclaim a state of emergency, elected state officials, such as governors, deputy governors, and members of parliament, cannot be suspended using this authority.
Recall that after President Bola Tinubu declared a state of emergency in Rivers State on March 18, governors elected on the PDP platform went to the Supreme Court to seek remedies.
President Tinubu’s declaration of a state of emergency in Rivers State was specifically contested in the lawsuit.
In court proceedings, the PDP governors—which included representatives from the states of Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara—argued that the president lacked the constitutional authority to suspend a democratically elected governor and deputy governor.
The plaintiffs in the lawsuit had requested a declaration that the president’s acts violated Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
They requested that the Supreme Court issue an order declaring Vice Admiral Ibok-Ete Ibas’ appointment as the only administrator to be illegal and a flagrant breach of the constitution.
The governors also asked the court to stop the president from trying to suspend other governors or interfere with their constitutional responsibilities.
According to their argument, the president has “no powers whatsoever or vires to suspend a democratically elected governor and deputy governor of a state in the Federation of Nigeria under the guise of or pursuant to the proclamation of a state of emergency.”
The PDP governors further argued in their court brief that the emergency proclamation did not comply with Section 305 of the Constitution.
The governors argued, “The proclamation was made for reasons beyond those specified in the said constitutional provision and failed to meet the stipulated conditions and procedures for such a declaration.”
Despite not being directly impacted by the emergency rule, the governors stated that they are pursuing the lawsuit in order to establish a precedent.
Furthermore, the PDP governors argued that the appointment of a single administrator was invalid since it violated the constitution.
Furthermore, the governors insisted that the National Assembly’s use of a voice vote to authorize the state of emergency was “unconstitutional” and informed the Supreme Court that it was unlawful.
They proposed that a two-thirds majority vote from every member of each parliamentary house was required by the constitution to grant such consent.
On March 18, 2025, Governor Siminlayi Fubara, his deputy Ngozi Odu, and every member of the state House of Assembly were suspended for six months due to the emergency rule.
Vice-Admiral Ibok-Ete Ibas (rtd.) was designated as the state’s only administrator.
The PDP warns that a court decision could set a dangerous precedent.
In the meantime, the Peoples Democratic Party (PDP) has voiced serious concerns about the consequences of the Supreme Court’s decision regarding the president’s authority to proclaim a state of emergency in a federating unit.
In the lawsuit brought by the Attorney General of Adamawa State and others against the Attorney General of the Federation and the National Assembly (SC/CV/329/2025), the Supreme Court rendered a split verdict (6-1).
The lawsuit questioned whether President Bola Tinubu could suspend democratically elected officials like the governor and deputy governor or legislative bodies like the Rivers State House of Assembly, challenging the constitutionality of the president’s previous declaration of a state of emergency in Rivers State.
In a statement released on Monday in Abuja by its National Publicity Secretary, Comrade Ini Ememobong, the PDP accepted the supreme court’s authority but cautioned that Nigeria’s democratic and federal structures are seriously threatened by the reasoning behind the ruling.
The statement states, “Our concern is anchored on the long-standing legal principle that the express mention of one thing excludes others, and the clear constitutional position that no person or institution, other than the state House of Assembly or a court of law, is empowered to remove a governor from office during their constitutional term.”
The PDP warned that the ruling’s interpretation would create a precedent that would enable the president, with backing from the National Assembly, to use emergency powers to force state governments to comply politically.
The party also cautioned that similar justifications might eventually be used to support the suspension of other constitutional institutions, such as the judiciary.
In order to clarify and restrict the extent of presidential emergency powers, the statement urged the National Assembly to immediately enact constitutional and legislative safeguards.
Additionally, the PDP called on Nigerians, civil society organizations, the media, and the global democratic community to continue being watchful in their defense of federalism, constitutionalism, and the integrity of electoral mandates.
In order to maintain justice, democracy, and long-term national stability, the party concluded by expressing optimism that the Supreme Court would define the constitutional bounds of emergency powers at the next chance.
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