The African Portal
  • Home
  • General News
    • Health
    • Politics
    • Sports
    • Arts & Entertainment
  • Features & Opinions
  • Science & Technology
  • Fisheries & Maritime
  • Agriculture & Environment
No Result
View All Result
SUBSCRIBE
The African Portal
  • Home
  • General News
    • Health
    • Politics
    • Sports
    • Arts & Entertainment
  • Features & Opinions
  • Science & Technology
  • Fisheries & Maritime
  • Agriculture & Environment
No Result
View All Result
The African Portal
No Result
View All Result
Home Featured

Supreme Court affirms President’s power to declare state of emergency, suspend elected officials

The African Portal by The African Portal
December 15, 2025
in Featured, Politics
0
S’Court affirms President’s power to declare state of emergency, suspend elected officials

S’Court affirms President’s power to declare state of emergency, suspend elected officials

1
SHARES
Share on FacebookShare on Twitter

ABUJA, Dec 15 (The African Portal) – 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.

You might also like

Vandalism, arson & looting occur as Gambians protest blackout in Greater Banjul

GPRTU, GRTCC: No increase in public transport fares yet

Chimwendo Banda laughs off resignation rumour

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.

Credit: Punch 

Author

  • The African Portal
    The African Portal

Tags: State of emergencySupreme Court of Nigeria
ShareTweet
The African Portal

The African Portal

Recommended For You

Vandalism, arson & looting occur as Gambians protest blackout in Greater Banjul

by The African Portal
September 9, 2026
0
Vandalism, arson & looting occur as Gambians protest blackout in Greater Banjul

Thousands of Gambians poured onto the streets on Monday night in a wave of anger and defiance, protesting what they described as the relentless and crippling power outages...

Read moreDetails

GPRTU, GRTCC: No increase in public transport fares yet

by The African Portal
September 9, 2026
0
GPRTU, GRTCC: No increase in public transport fares yet

The Ghana Private Road Transport Union (GPRTU) and the Ghana Road Transport Coordinating Council (GRTCC) have assured the public that existing approved public transport fares remain unchanged as...

Read moreDetails

Chimwendo Banda laughs off resignation rumour

by The African Portal
September 7, 2026
0
Chimwendo Banda laughs off resignation rumour

Malawi Congress Party (MCP) Secretary General Richard Chimwendo Banda has responded to a resignation rumour with a defiant message, insisting he has no plans to leave his position....

Read moreDetails

ECA chief urges shift from victimhood to active climate leadership

by The African Portal
September 7, 2026
0
ECA chief urges shift from victimhood to active climate leadership

United Nations Under-Secretary-General and Executive Secretary of the Economic Commission for Africa (ECA), Claver Gatete, called on African nations to transition from a narrative of victimhood to positioning...

Read moreDetails

SADC congratulates Eswatini on 58th independence day anniversary

by The African Portal
September 7, 2026
0
SADC congratulates Eswatini on 58th independence day anniversary

The Southern African Development Community (SADC) Secretariat has, on behalf of the SADC countries released a statement, congratulating the Kingdom of Eswatini on the 58th Independence Day Anniversary....

Read moreDetails
Next Post
Russian Deputy Foreign Minister Sergey Ryabkov

Russia will not agree to deployment of Western troops in Ukraine in any form - MFA

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Browse by Category

  • Agriculture & Environment
  • Arts & Entertainment
  • Featured
  • Features & Opinions
  • Fisheries & Maritime
  • General News
  • Global News
  • Health
  • Politics
  • Science & Technology
  • Sports
  • Videos

About The African Portal

  • About
  • Advertise with Us
  • The Editor

CATEGORIES

  • Agriculture & Environment
  • Arts & Entertainment
  • Featured
  • Features & Opinions
  • Fisheries & Maritime
  • General News
  • Global News
  • Health
  • Politics
  • Science & Technology
  • Sports
  • Videos

BROWSE BY TAG

News Events Sports 2026 World Cup qualifiers

© 2025 The African Portal

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

Powered by
...
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by
No Result
View All Result
  • Home
  • General News
    • Health
    • Politics
    • Sports
    • Arts & Entertainment
  • Features & Opinions
  • Science & Technology
  • Fisheries & Maritime
  • Agriculture & Environment

© 2025 The African Portal

Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?