The Supreme Court has affirmed the constitutional authority of the President to declare a state of emergency in any state to prevent a breakdown of law and order, chaos, or anarchy.
In a split six-to-one decision delivered on Monday, December 15, 2025, Supreme Court held that the President is empowered under Section 305 of the 1999 Constitution to take extraordinary measures during a state of emergency, including the temporary suspension of elected officials, provided such action is limited in duration.
Delivering the lead judgment, Justice Mohammed Idris ruled that the Constitution grants the President wide discretion once a state of emergency is proclaimed, noting that it does not expressly define the scope of the extraordinary measures that may be taken to restore normalcy.
The ruling arose from a suit filed by governors elected on the platform of the Peoples Democratic Party (PDP), who challenged President Bola Tinubu’s declaration of a state of emergency in Rivers State, during which elected officials were suspended for six months.
The plaintiffs, represented by the Attorneys-General of several PDP-governed states, questioned whether the President could lawfully suspend a democratically elected governor, deputy governor, and state legislature under the guise of emergency powers.
However, the Supreme Court upheld preliminary objections raised by the Attorney-General of the Federation and the National Assembly, ruling that the plaintiffs failed to establish a valid dispute capable of invoking the court’s original jurisdiction. As a result, the suit was struck out for lack of jurisdiction.
Despite the majority ruling, Justice Obande Ogbuinya dissented, agreeing that the President has the power to declare a state of emergency but insisting that such authority does not extend to suspending elected state officials or legislatures.
The judgment has now clarified the scope of presidential emergency powers under Nigeria’s Constitution, reinforcing the President’s discretion while also exposing judicial divisions on the limits of that authority.
