The Supreme Court has upheld the President’s power to declare a state of emergency to prevent a breakdown of law and order, ruling that elected state officials may be suspended during such periods, provided the suspension is within the limited time.

In a six-to-one decision, the court held that Section 305 of the Constitution grants the President discretion to take extraordinary measures to restore normalcy.

Justice Mohammed Idris, who delivered the lead judgment, said the provision does not specify the nature of such measures.

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The ruling followed a suit by Adamawa State and 10 other PDP-led states challenging the emergency declared in Rivers State, which led to the suspension of Governor Siminalayi Fubara and other officials.

The court struck out the suit for lack of jurisdiction and dismissed it on the merits.

However, Justice Obande Ogbuinya dissented, holding that while the President may declare a state of emergency, he lacks the power to suspend elected officials.

Source: Channels