Supreme Court upholds president’s right to suspend officials during emergency
The Supreme Court has confirmed that the President can declare a state of emergency and suspend elected officials when necessary to restore order. The decision, delivered on June 5, 2025, followed a legal challenge by several PDP-controlled states after Bola Tinubu declared an emergency in Rivers State. The court ruled in a six-to-one split that the President’s powers under the 1999 Constitution include taking extraordinary measures during emergencies. However, there was a dissenting opinion that such powers should not extend to suspending elected state officials.
What we know
- The Supreme Court ruled on June 5, 2025 that the President can declare a state of emergency and suspend elected officials for a limited time.
- The case stemmed from a challenge by PDP states after Bola Tinubu suspended officials in Rivers State during an emergency.
- Justice Mohammed Idris, delivering the majority judgment, cited Section 305 of the 1999 Constitution as the legal basis for the President’s actions.
- The court found that the plaintiffs did not establish a sufficient dispute to invoke the Supreme Court’s original jurisdiction.
- Justice Obande Ogbuinya dissented, arguing the President’s emergency powers should not include suspending elected governors or lawmakers.
