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The Supreme Court has affirmed the constitutional authority of the President to declare a state of emergency in any state to avert a breakdown of law and order or a slide into chaos and anarchy.

In a six-to-one split decision, the apex court ruled that while the President may suspend elected officials during the subsistence of emergency rule, such suspension must be for a limited and clearly defined period.

Delivering the lead majority judgment, Justice Mohammed Idris held that Section 305 of the 1999 Constitution empowers the President to adopt extraordinary measures once a state of emergency is proclaimed, in order to restore peace and normal governance. He noted that the provision does not expressly define the nature or scope of such extraordinary measures, thereby vesting the President with discretion on how best to address the emergency.

The judgment arose from a suit filed by Adamawa State and 10 other Peoples Democratic Party (PDP)-controlled states challenging the legality of the state of emergency declared by President Bola Tinubu in Rivers State, during which elected officials — including Governor Siminalayi Fubara — were suspended for six months.

In the preliminary stage of the judgment, Justice Idris upheld objections raised by the Attorney-General of the Federation (AGF) and the National Assembly, ruling that the plaintiff states failed to disclose a cause of action capable of invoking the Supreme Court’s original jurisdiction. The suit was accordingly struck out for want of jurisdiction. Notwithstanding this, the court proceeded to consider the substantive issues and ultimately dismissed the case on the merits.

However, Justice Obande Ogbuinya delivered a dissenting opinion, holding that the suit succeeded in part. He agreed that the President possesses the power to declare a state of emergency, but insisted that such authority does not extend to the suspension of elected state officials, including governors, deputy governors and members of the state legislature.

The Rivers crisis, which pitted Governor Fubara against his predecessor, Nyesom Wike, and the Martin Amaewhule-led Rivers State House of Assembly, culminated in President Tinubu’s nationwide broadcast on March 18, 2025, announcing the imposition of emergency rule in the oil-rich state for an initial six-month period.

Citing Section 305 of the Constitution, the President said he could no longer stand by while the political situation deteriorated. He subsequently appointed and swore in Vice Admiral Ibok-ete Ibas (rtd) as sole administrator of the state.

The decision sparked widespread criticism from opposition parties and sections of the legal community, prompting opposition governors to challenge the emergency rule in court. On September 17, 2025, President Tinubu announced the suspension of the state of emergency in Rivers State.