By Iyunade Grace
The Supreme Court of Nigeria has upheld President Bola Tinubu’s authority to proclaim a state of emergency in any part of the country, ruling that the president’s power under Section 305 of the 1999 Constitution is broad enough to address threats to law and order. The judgment came after a suit filed by eleven governors from the Peoples Democratic Party (PDP) challenged the president’s declaration of emergency in Rivers State, arguing that it violated the constitutional balance of power between the federal and state governments.
In its majority decision, the apex court held that the president may invoke emergency powers when there is a perceived breakdown of public order, and that such a proclamation does not automatically require the approval of the National Assembly at the outset. The justices emphasized that the Constitution grants the president discretion to determine the necessity and scope of emergency measures, provided they are temporary and proportionate to the situation.
The court also dismissed the PDP governors’ claim that the president’s action amounted to an unconstitutional suspension of elected state officials. It ruled that the plaintiffs had not presented a concrete cause of action that would invoke the Supreme Court’s original jurisdiction, and that the matter fell within the realm of executive discretion rather than a justiciable controversy.
A dissenting opinion was delivered by Justice Obande Ogbuinya, who warned that while the president can declare an emergency, the power cannot be used to arbitrarily remove governors, deputy governors, or other elected officials without due process. He argued that such removals would undermine democratic governance and set a dangerous precedent for future executive overreach.
The ruling has sparked a wave of reactions across the political spectrum. Supporters of the president argue that the decision strengthens the federal government’s ability to act swiftly in the face of unrest, while critics contend that it concentrates too much power in the presidency and could be misused to target opposition‑led states.
As the legal and political fallout continues, the Supreme Court’s judgment is likely to shape the contours of emergency governance in Nigeria, influencing how future declarations are made, challenged, and implemented across the country.
