The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has described the Supreme Court’s recent ruling affirming the President’s constitutional power to declare a state of emergency as a significant victory for Nigeria and its democracy.
In a statement released on Tuesday through the Special Adviser to the President on Communication and Publicity in the Office of the AGF, Kamarudeen Ogundele, Fagbemi said the judgment removed all ambiguity surrounding President Bola Ahmed Tinubu’s declaration of emergency rule in Rivers State.
“I welcome the Supreme Court’s decision, which affirms the President’s constitutional authority to declare a state of emergency in any state whenever circumstances demand,” Fagbemi said. “This is a win for our fledgling democracy and has dispelled any doubt about the legality of the President’s action, which was also endorsed by the National Assembly.
Nigeria belongs to all of us, and President Tinubu’s administration remains committed to upholding democratic principles and the rule of law at all times.”
Fagbemi added that the ruling strengthens Nigeria’s constitutional jurisprudence and contributes to consolidating the country’s democracy.
Supreme Court Verdict
The Supreme Court, in a 6-1 split decision on Monday, upheld the President’s power to declare a state of emergency in any state to avert a breakdown of law and order. The apex court ruled that the President may suspend elected officials during such periods, provided the suspension is limited in duration.
Delivering the lead judgment, Justice Mohammed Idris stated that Section 305 of the 1999 Constitution empowers the President to take extraordinary measures to restore normalcy once a state of emergency is declared.
The section, he noted, does not limit the nature of such measures, granting the President discretion in responding to crises.
The case was filed by Adamawa State and 10 other PDP-led states, challenging the propriety of the emergency rule declared in Rivers State in March 2025.
Justice Idris upheld preliminary objections raised by the AGF 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 struck out the suit for lack of jurisdiction but proceeded to address the merits, ultimately dismissing it.
Justice Obande Ogbuinya dissented, asserting that while the President may declare a state of emergency, this authority should not extend to suspending elected state officials, including governors, deputy governors, and lawmakers.
Background
President Tinubu declared a six-month state of emergency in Rivers State on March 18, 2025, following a prolonged political crisis involving Governor Siminalayi Fubara, former Governor 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 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, with Vice Admiral Ibok-ete Ibas (rtd) appointed as sole administrator of the state.
The declaration drew criticism from opposition figures and legal experts, prompting several governors to challenge it in court.
On September 17, 2025, President Tinubu announced the suspension of the emergency rule, allowing Governor Fubara, his deputy, and the lawmakers to resume their duties the following day.
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