The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has described the Supreme Court’s judgment affirming the President’s power to declare a state of emergency as a victory for Nigerians and democracy.
Fagbemi made this known in a statement on Tuesday by the Special Adviser to the President on Communication and Publicity in the Office of the Attorney-General of the Federation, Kamarudeen Ogundele.
The minister said the judgment had removed doubts surrounding President Bola Tinubu’s declaration of emergency rule in Rivers State.
“I welcome the judgment of the Supreme Court affirming the power granted the President by the Constitution to declare a state of emergency in any state in Nigeria, whenever the situation arises,” Fagbemi said.
“It is a win for our fledgling democracy and has helped to erase any doubt anyone might have had about the action of the President and the endorsement by the National Assembly.
“Nigeria is for all of us, and I assure Nigerians of President Bola Ahmed Tinubu’s administration’s commitment to uphold the tenets of democracy and the rule of law at all times,” he said.
The AGF stated that the verdict further strengthened Nigeria’s constitutional jurisprudence and added another vital ingredient to consolidate the country’s democracy.
The Supreme Court, on Monday, upheld the constitutional authority of the President to declare a state of emergency in any state to prevent a breakdown of law and order.
In a split decision of six to one, the apex court held that the President could suspend elected officials during a state of emergency, provided such suspension is for a limited period.
Delivering the lead majority judgment, Justice Mohammed Idris ruled that Section 305 of the 1999 Constitution empowers the President to deploy extraordinary measures to restore normalcy once emergency rule is declared.
Justice Idris noted that the section does not specify the nature of such extraordinary measures, thereby granting the President discretion in responding to emergency situations.
The suit was filed by Adamawa State and 10 other Peoples Democratic Party (PDP)-led states, challenging the propriety of the emergency rule declared in Rivers State in March 2025.
Justice Idris upheld the preliminary objections raised by the Attorney-General of the Federation and the National Assembly, ruling that the plaintiffs failed to establish a cause of action capable of invoking the Supreme Court’s original jurisdiction.
He consequently struck out the suit for want of jurisdiction but proceeded to determine the matter on its merits, ultimately dismissing it.
However, Justice Obande Ogbuinya dissented, holding that while the President possesses the power to declare a state of emergency, such authority should not extend to suspending elected state officials, including governors, deputy governors and lawmakers.
President Tinubu declared a six-month state of emergency in Rivers State on March 18, 2025, following a protracted political crisis involving Governor Siminalayi Fubara, his predecessor Nyesom Wike, and the Martin Amaewhule-led Rivers State House of Assembly.
In a nationwide broadcast, the President cited Section 305 of the Constitution, stating that the escalating situation required decisive intervention to prevent chaos.
Governor Fubara, his deputy Ngozi Odu, and all 32 members of the Rivers State House of Assembly were suspended from their duties for six months.
He subsequently appointed Vice Admiral Ibok-ete Ibas (rtd) as sole administrator of the state.
The move attracted criticism from opposition figures and some legal practitioners, prompting opposition governors to challenge the declaration in court.
On September 17, 2025, President Tinubu announced the suspension of the emergency rule. Fubara, his deputy, and the lawmakers officially resumed their duties on September 18, 2025.
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