The Supreme Court, on Monday, affirmed the constitutional power of the President to declare a state of emergency in any state to prevent a breakdown of law and order or a descent into chaos and anarchy.

In a split decision of six to one, the apex court upheld the President’s authority under the Constitution to proclaim a state of emergency.

The court further held that, during such a period, the President may suspend elected officials, provided any such suspension is for a limited duration.

Delivering the lead majority judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution empowers the President to adopt extraordinary measures to restore normalcy where a state of emergency has been declared.

He noted that the provision does not specify the exact nature of those extraordinary measures, thereby vesting the President with discretion on how to act in such circumstances.

The judgment followed a suit instituted by states governed by the Peoples Democratic Party, challenging the declaration of a state of emergency in Rivers State by President Bola Tinubu, during which elected state officials were suspended for six months. The Supreme Court had reserved judgment in the matter in October.

The plaintiffs were the Attorneys-General of PDP-controlled states, while the defendants were the Federal Government and the National Assembly.

The suit was filed by the Attorneys-General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.

The suit, marked SC/CV/329/2025, was predicated on eight grounds. The plaintiffs asked the Supreme Court to determine whether the President has the constitutional authority to suspend a democratically elected government in a state and whether the procedure adopted in declaring a state of emergency in Rivers State contravened the 1999 Constitution.

Among other reliefs, the plaintiffs urged the court to determine “whether, upon a proper construction and interpretation of Sections 1(2), 5(2), 176, 180, 188, and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend, or in any manner whatsoever interfere with, the offices of a Governor and the Deputy Governor of any of the 36 component States of the Federation and replace them with his unelected nominee as a Sole Administrator, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of the Plaintiffs’ States.”

They also asked “whether, upon a proper construction and interpretation of Sections 1(2), 4(6), 11(4) & (5), 90, 105, and 305 of the Constitution, the President can lawfully suspend the House of Assembly of any of the 36 States under the guise of, or pursuant to, a Proclamation of a State of Emergency in such States.”

In the earlier part of the judgment, Justice Idris upheld the preliminary objections raised by the defendants—the Attorney-General of the Federation and the National Assembly—against the competence of the suit.

He held that the plaintiffs failed to establish any cause of action capable of activating the original jurisdiction of the Supreme Court.

In the six-to-one majority decision, the court agreed that the plaintiffs did not demonstrate the existence of an actionable dispute between them and the Federation to warrant the exercise of the court’s original jurisdiction.

Consequently, Justice Idris struck out the suit for want of jurisdiction. He nevertheless proceeded to consider the substantive issues and dismissed the case on the merits.

However, Justice Obande Ogbuinya dissented, holding that the suit succeeded in part.

He agreed that the President has the power to declare a state of emergency, but held that such power cannot be used to suspend elected state officials, including governors, deputy governors, and members of state legislatures.

More to come…

Adeyeye Ajayi, Personal Assistant to the former Head of State, General Yakubu Gowon (retd.), has dismissed circulating reports claiming that the elder statesman is dead.

In a statement issued on Sunday, Ajayi described the reports as false and misleading, warning that the unverified claims could cause unnecessary panic among the public.

He urged Nigerians to disregard the rumours, stressing that Gowon is very much alive and in good health.

“The claims making the rounds on social media about the death of General Yakubu Gowon are completely false and misleading. There is no truth whatsoever in the reports. The former military leader continues to live an active and purposeful life,” the statement read.

Ajayi added that Gowon remains engaged in public affairs and continues to make meaningful contributions to national discourse.

“General Gowon is alive, in good health, and remains active. He continues to attend public events and contribute to discussions on peace, unity, and the development of Nigeria,” he said.

The aide cautioned against spreading unverified information, noting that such rumors could distress family members, associates, and the public.

He appealed to Nigerians to verify information from credible sources before sharing it, especially on social media, and urged citizens to act responsibly to curb the menace of fake news.

Reports claiming the former Nigerian Head of State had died had sparked widespread confusion on social media over the weekend.

Despite the absence of official confirmation, many users shared messages of condolence, highlighting the speed at which unverified news can spread online.

The Katsina State Directorate of the National Orientation Agency on Monday launched a security awareness campaign across border communities in the state.

The State Director of the agency, Alhaji Muntari Lawal-Tsagem, disclosed this at the launch of the campaign in Jibia Local Government Area of the state.

He said the initiative aims to educate residents on cross-border crimes and mobilise them to complement government efforts to curb insecurity.

The News Agency of Nigeria reports that the campaign covers Jibia, Kaita, Mashi, Mai’adua, Zango and Baure local government areas.

Lawal-Tsagem noted that criminals often take advantage of festive periods to sneak into the country, especially through informal entry points in border areas.

“Such criminals include peddlers of illicit drugs, smugglers of illegal weapons and hoodlums who contribute heavily to the nation’s security problems,” he said.

He appealed to residents of border communities to support government efforts to end insecurity by reporting suspicious activities or movements to security agencies for prompt response.

The director also called on residents to be patriotic and show respect and loyalty to the country.

He urged them to guard their children against involvement in illicit drugs and behaviours that could lure them into criminal groups.

Lawal-Tsagem further appealed to community and religious leaders to promote peaceful coexistence and mutual respect among neighbours.

He also urged residents to remain law-abiding and discharge their civic responsibilities diligently.

The director commended Governor Dikko Radda for what he described as his unrelenting efforts to rid the state of security challenges.

(NAN)