ABUJA, Nigeria – Nigeria’s Supreme Court affirms presidential emergency powers, backing President Bola Tinubu’s authority to take extraordinary measures during governance breakdowns, even as a lone justice warns of democratic risks.
In a 6–1 judgment delivered on Monday, the court dismissed a suit by Adamawa State and 10 others challenging the March 18, 2025, emergency declaration in Rivers State, which led to the six-month suspension of elected state officials.
Although the court rules that the case fails to meet the threshold for its original jurisdiction, it nonetheless addresses the constitutional issues, endorsing the President’s powers under Section 305 of the 1999 Constitution.
Reading the lead judgment, Justice Mohammed Idris says the Constitution mandates the President to safeguard national order and permits “extraordinary but temporary interventions” where governance collapses.
However, Justice Obande Ogbuinya, in a dissenting opinion, cautions that suspending elected officials crosses a constitutional line. He warns that expansive interpretations of emergency powers could weaken federalism and erode democratic safeguards.
The ruling is expected to shape future debates on executive authority, emergency governance and constitutional limits in Nigeria’s democracy.
