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S’Court Affirms President’s Power To Declare State Of Emergency, Suspend Elected Officials
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…
His Eminence the Sultan of Sokoto, Alhaji Muhammad Sa’ad Abubakar II, has announced the date for Eid al-Fitr in Nigeria.
The Emir, who is the Chairman of the Supreme Council for Islamic Affairs in Nigeria, has not reported the sighting of the crescent moon of Shawwal, 1447AH, today, Wednesday, the 29th of Ramadan .
This was contained in a statement posted on the Facebook page of the Daular Usmaniyya , signed by the Wazir of Sokoto and Chairman of the Religious Affairs Committee of the Sultan’s Palace, Professor Sambo Wali Junaidu.
The statement stated that the Sultan’s Palace Moon Sighting Committee had not received any reliable reports of moon sightings from anywhere in Nigeria. According to this information, Thursday, March 19, will be the day to complete the 30th day of Ramadan.
The Sultan of Sokoto has declared Friday, March 20, 2026, as the day of the lesser Sallah, i.e. the 1st of Shawwal 1447AH.
He urged Muslims to use this time of Eid al-Fitr to pray for peace, unity, and sustainable development in Nigeria.
The statement said: “His Eminence, Sultan of Sokoto, Alhaji Muhammad Sa’ad Abubakar CFR, mni, and Chairman, Nigerian Supreme Council for Islamic Affairs (NSCIA), has received the moon sighting report, which showed that the crescent moon was not sighted today, Wednesday.
“Accordingly, he declared Friday, March 20, 2026, as 1 Shawwal 1447AH (the Day of the Small Prayer). He also congratulated the Nigerian Muslim community on the occasion, and wished them the guidance and blessings of God.”
“He also called for continued prayers for peace, progress, and development of the country . He also wished Muslims a peaceful and prosperous Eid. May Allah (SWT) accept our acts of worship, amen.”
Governor Ahmadu Umaru Fintiri approves ₦19.6 billion Mother and Child Specialist Hospital in Yola The Adamawa State government says the hospital aims to reduce maternal and infant mortality rates in Adamawa State Fintiri explains that the facility will serve as a training center and improve healthcare services in the North-East.
Yola, Adamawa State – Governor Ahmadu Umaru Fintiri of Adamawa State has approved the construction of a state-of-the-art Mother and Child Specialist Hospital in Yola. The proposed Mother and Child Specialist Hospital will cost the state ₦19.6 billion, and it’s expected to be completed within 52 weeks. The landmark project is designed to significantly strengthen maternal, neonatal, and child healthcare services across the state.
The project aligns with Governor Fintiri’s commitment to reducing maternal and infant mortality rates. The hospital will also improve access to quality healthcare and position Adamawa as a referral hub for specialized medical services in the North-East region.
As reported by Daily Trust, the hospital will be equipped with modern medical technology and specialized units when completed.
The state governor explained that the hospital capable units to handle high-risk pregnancies, neonatal intensive care, pediatric emergencies, and other complex medical cases affecting women and children. Mother and Child Specialist Hospital will also serve as a training and research centre for healthcare professionals.
It will help to strengthen capacity and improve the quality of medical services within the state’s health sector. It will offer other healthcare services like advanced diagnostic and laboratory services, fully equipped operating theatres, intensive care units, emergency response facilities, and modern inpatient wards designed to provide quality care for patients.
Recall that Fintiri’s administration executed over 100 infrastructural, educational, health, and social projects across Adamawa state, transforming both urban centres and rural communities. The administration completed major road networks, flyovers, and township roads, including the Lamido Aliyu Mustapha Flyover, Yola, and the Nyibango-Yolde Pate Road in Yola South.
Over 100 new primary health care centres were built, while hospitals such as Numan General Hospital and Specialist Hospital, Yola, underwent comprehensive development and modernisation.
King Charles III ceremonially welcomed Nigerian President Bola Tinubu at Windsor Castle on Wednesday in the first state visit by the leader of Africa’s most populous nation in nearly four decades.
Tinubu has made less formal visits to Britain several times in his tenure, and the two countries remain major partners in trade, aid and defence. London is also home to a massive Nigerian diaspora.
King Charles and Queen Camilla greeted the president and his wife in Windsor, west of London, on a sunny afternoon as artillery fired Salutes
The Nigerian president and his wife earlier chatted with heir-to-the-throne Prince William and his wife Catherine at a hotel in Windsor.
The party then rode in carriages to the historic Windsor Castle, followed by cavalry in red and gold livery.
These include a Yoruba beaded throne presented to Queen Elizabeth II during an official visit in 1965.
They were also to view photographs of a Yoruba woman known as Sarah Forbes Bonetta, who became a protegee of Queen Victoria after being captured as a slave and taken to Britain by a naval captain.
In the evening, Charles and Tinubu were set to give speeches at a lavish state banquet.
‘Renewed chapter’
Nigeria’s presidency said the visit signalled a “renewed chapter” and reflected a shared commitment to “advancing trade and strengthening diplomatic ties”.
Calling the visit “historic”, London announced Nigerian companies, including banks, are expanding operations and creating hundreds of jobs in Britain, strengthening it as a global hub for African business.
Likely on the agenda are issues ranging from major Nigerian port renovations backed by Britain as well as trade, which reached £8.1 billion ($11 billion) in the year to September 2025, an 11.4 per cent year-on-year increase.
On Thursday, Tinubu is expected to meet British Prime Minister Keir Starmer as well as members of the Nigerian community abroad, according to the official schedule.
First Lady Oluremi Tinubu, a Christian pastor, is set to preach at London’s Lambeth Palace — the seat of the Archbishop of Canterbury — on Thursday and meet representatives of the Church of England.
The last Nigerian state visit to the UK took place in 1989, although Tinubu was received by Charles in September 2024.
Before the death of his mother, Queen Elizabeth II, in 2022, Charles also visited Nigeria four times as Prince of Wales.
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