Abuja, December 15, 2025** – In a significant 6-1 split decision delivered today, Nigeria’s Supreme Court has affirmed the President’s constitutional authority under Section 305 of the 1999 Constitution (as amended) to declare a state of emergency in any part of the federation and take extraordinary measures, including the temporary suspension of elected state officials, to prevent a breakdown of law and order or descent into anarchy.
The lead judgment, read by **Justice Mohammed Idris** on behalf of the majority, held that Section 305 empowers the President to deploy necessary measures to restore normalcy during an emergency period. Justice Idris emphasised that the section does not explicitly prescribe the nature of these “extraordinary measures,” thereby granting the President reasonable discretion in their implementation, provided such actions are limited in duration.
The ruling resolves a long-standing constitutional ambiguity regarding the scope of presidential emergency powers, building on prior unchallenged declarations, such as the 2004 emergency in Plateau State.
Background of the Case
The judgment stems from a suit instituted by Adamawa State and 10 other states governed by the Peoples Democratic Party (PDP), challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State in March 2025. The declaration, prompted by prolonged political crisis and security concerns, included a six-month suspension of Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly.
The apex court initially upheld preliminary objections on jurisdictional grounds, finding no actionable dispute between the plaintiff states and the federation that invoked its original jurisdiction. However, it proceeded to address the substantive merits of the case and dismissed the suit.
Dissenting Opinion
In the lone dissent, **Justice Obande Ogbuinya** agreed that the President may declare an emergency under Section 305 but maintained that this power does not extend to suspending democratically elected officials, including governors, deputy governors, and lawmakers.
Implications
Legal experts describe the majority ruling as a watershed moment that clarifies the extent of executive authority in crisis situations while stressing the need for temporal limits on suspensions to safeguard democratic structures.
Reports from Channels Television, The Nation, Daily Post, The Cable, and other outlets confirm the details of the judgment delivered on December 15, 2025.
