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The Supreme Court has affirmed the power of the President to declare a state of emergency to prevent a breakdown of law and order.
In a split 6-to-1 decision reached on Monday, the apex court stated that the president can suspend elected officials, but such suspensions must be for a limited period.
Justice Mohammed Idris, the lead majority judgment, held that Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is declared.
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Idris said Section 305 was not specific on the nature of the extraordinary measures, thereby granting the President the discretion on how to go about it.
The verdict was pronounced in the suit filed by Adamawa State and 10 other Peoples Democratic Party-led states challenging the propriety of the state of emergency declared by President Bola Tinubu in Rivers State.
The state of emergency declaration had resulted in the suspension of some elected state officials, including Rivers Governor Siminalayi Fubara.
