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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…
Akwa Ibom State Governor, Pastor Umo Eno, has approved the payment of a 13th-month pension bonus to all pensioners in the state, as well as a one-off welfare support of N10,000 in November 2026.
Speaking at the Ibom Hall grounds in Uyo on Friday, during the presentation of a merit award by the State Council of the Nigeria Union of Pensioners and an endorsement of his second-term bid, Eno said pensioners deserved to rest well after their meritorious service to the state.
Eno said he was particularly impressed by the pensioners’ sense of gratitude and assured them that the state government, under his leadership, would continue to prioritise the welfare of pensioners and elderly citizens.
He said, “This is indeed humbling to me. It shows that you are truly technocrats with a laudable sense of organisation. You may be retired but not tired. I celebrate and appreciate you greatly.
“I am now directing that N10,000 be added to the November 2026 pension payment of every pensioner in support of your welfare.”
He urged them to enrol in the state’s health insurance scheme, which he said was free for people aged 65 and above, to enable them to enjoy quality healthcare.
Eno recalled that he had promised to clear the backlog of gratuities, adding that N100bn had so far been paid from the accumulated N111bn owed since 2012. He assured the pensioners that the outstanding balance would be cleared before the end of his first term.
He commended President Bola Tinubu for making funds available to states, saying this had enabled him to fulfil his promise to clear the gratuity arrears.
Eno called on the pensioners to vote massively for Tinubu in the 2027 elections, saying this would ensure the continued availability of funds for the prompt payment of gratuities and pensions, as well as other welfare packages.
He also urged pensioners from Ikot Ekpene Senatorial District to vote for the re-election of the Senate President, Senator Godswill Akpabio.
Responding, the National President of the Nigeria Union of Pensioners, Comrade Mazi Godwin Ikechukwu Abumisi, commended Eno for what he described as his compassion and care for pensioners in the state.
Abumisi also praised Eno’s leadership and development efforts and urged pensioners across the state to support his second-term bid in 2027.
Earlier, in his welcome remarks, the State Chairman of the Nigeria Union of Pensioners, Pastor Sylvester Nkodo, thanked Eno for his leadership, saying his commitment to the welfare of elderly people and retired public servants was heartwarming.
“Governor Umo Eno is a true leader with the heart for humanity who deserves prayers and support from the people. I urge pensioners to support his administration,” he said.
The National Assembly has confirmed that 28 State Houses of Assembly have approved the proposed establishment of state police in Nigeria, paving the way for the constitutional amendment bill to be transmitted to President Bola Tinubu for assent.
According to the Clerk to the National Assembly, Kamoru Ogunlana, the 28 approvals exceed the two-thirds majority required under Section 9 of the 1999 Constitution, which translates to 24 states. The National Assembly can therefore proceed with the next stage of the process towards presidential assent.
The bill was forwarded to the 36 state assemblies on September 16, 2026, for consideration, with October 15 initially set as the deadline for them to communicate their decisions. Ogunlana, however, said his office would continue to receive and verify reports from the assemblies ahead of the bill’s transmission to Tinubu.
The 28 states that have approved the proposed establishment of state police are listed below:
Adamawa
Delta
Edo
Kwara
Nasarawa
Ogun
Osun
Oyo
Plateau
Rivers
Taraba
Zamfara
Enugu
Anambra
Imo
Ekiti
Kebbi
Akwa Ibom
Bayelsa
Benue
Cross River
Abia
Yobe
Kaduna
Lagos
Kano
Sokoto
Ebonyi
A new political prediction has emerged ahead of the 2027 presidential election, with a state-by-state electoral map showing the states former Vice President Atiku Abubakar, President Bola Ahmed Tinubu and former Labour Party presidential candidate Peter Obi are projected to win.
The prediction, published by Statecraft, outlines the expected performance of the three major political figures across Nigeria’s 36 states and the Federal Capital Territory (FCT).
According to the prediction, Tinubu is projected to win 15 states and the FCT, Atiku is expected to secure nine states, while Obi is tipped to emerge victorious in 12 states.
The map, which uses orange, blue and white colours to distinguish the three presidential contenders, provides a breakdown of the states each candidate is projected to win.
States Tinubu Is Projected to Win
According to the prediction, Tinubu is expected to win.
The FCT is also included in Tinubu’s projected victories.
States Atiku Abubakar Is Projected to Win
The former vice president is projected to win nine states.
States Peter Obi Is Projected to Win
Meanwhile, Obi is projected to secure 12 states.
The breakdown suggests a competitive presidential contest, with the three political figures projected to command support across different regions of the country.
Interestingly, the prediction places Tinubu ahead with 15 states and the FCT, followed by Obi with 12 states and Atiku with nine states.
However, it is important to note that the map represents Statecraft’s political prediction and not an official election result, an opinion poll or a declaration by the Independent National Electoral Commission (INEC).
The actual outcome of the 2027 presidential election will be determined by voters when Nigerians head to the polls.
The prediction has also raised questions about the possible political realignments, regional voting patterns and factors that could shape the contest in 2027.
JUST IN: Nigerian Gov Approves 13th-Month Bonus
Full List: 28 States That Approved State Police
