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

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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.

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.”

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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.

Consequently, Justice Idris struck out the suit for want of jurisdiction. He nevertheless proceeded to consider the substantive issues and dismissed the case on the merits.

However, Justice Obande Ogbuinya dissented, holding that the suit succeeded in part.

He agreed that the President has the power to declare a state of emergency, but held that such power cannot be used to suspend elected state officials, including governors, deputy governors, and members of state legislatures.

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Ramadan: Adamawa gov relaxes night-time restriction on tricycles

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The Governor of Adamawa State, Ahmadu Fintiri, has approved a review of the existing restriction on the operations of commercial tricycles, known as Keke NAPEP, in parts of the state for the 2026 Ramadan period.

This was disclosed in a statement issued by the Chief Press Secretary to the Governor, Humwashi Wonosikou, on Friday.

The statement said the restriction, which previously ran from 10pm to 5am would now commence an hour later.

“Under the revised directive, the restriction which previously ran from 10pm to 5am will now commence from 11p to 5am daily throughout the 2026 Ramadan period.

“The review takes immediate effect,” the statement read.

The government explained that the adjustment was introduced to ease movement for Muslim faithful during the holy month.

“The adjustment is intended to allow Muslim faithful attend late-night tafsir sessions with ease during the holy month,” it added.

The statement recalled that the Adamawa State Government had, in February 2021, imposed restrictions on the movement of tricycles and motorcycles through the Adamawa State Restriction of Movement of Tricycles/Motorcycles Executive Order No. 1 of 2021, as part of measures to strengthen public safety and security.

It noted that the latest review reflects the administration’s effort to balance religious observance with security considerations.

“The present review is therefore informed by the Government’s commitment to supporting religious observance, while maintaining the gains recorded in peace and security across the state,” the statement said.

Fintiri also directed security agencies to intensify patrols across the affected local government areas.

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“Governor Fintiri has accordingly directed security agencies to intensify patrols, particularly within Yola North, Yola South and Girei, through the deployment of additional personnel to safeguard lives and property.

“He warned that any breach of the law will be dealt with decisively,” the statement added.

The governor further appealed to residents to act responsibly and avoid actions that could undermine the peace and stability currently enjoyed in the state.

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DSS to arraign El-Rufai Feb 25 over alleged cybercrime, security breach

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The Department of State Services (DSS) will on February 25 arraign former Gov. Nasir El-Rufai of Kaduna State on alleged cybercrime and breach of national security

LIB had earlier reported that the DSS on Monday, February 16, filed a three-count criminal charge against El-Rufai following his alleged involvement in wiretapping the telephone lines of the National Security Adviser (NSA), Mallam Nuhu Ribadu.

According to the court papers, El-Rufai was alleged to have, on Feb. 13, while appearing as a guest on Arise TV station’s Prime Time Programme in Abuja, “admitted during the interview that he and his cohorts unlawfully intercepted the phone communications of the NSA, Mr Ribadu.”

The offence is said to be contrary to and punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.

In count two, the ex-governor was alleged to have, on February 13, while appearing as a guest on Arise TV station’s Prime Time Programme in Abuja, stated during the interview that he knew and related with a certain individual who unlawfully intercepted the phone communications of the NSA, without reporting the said individual to relevant security agencies.

The offence is said to be contrary to and punishable under Section 27(b) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.

Count three alleged that El-Rufai and others still at large, sometime in 2026, in Abuja, did use technical equipment or systems which compromised public safety and national security and instilled reasonable apprehension of insecurity among Nigerians by unlawfully intercepting the NSA’s phone communications.

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The DSS said the ex-governor by his own comment during the live interview committed an offence contrary to and punishable under Section 131(2) Nigerian Communications Act 2003.”

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Mob besieges Benin FRSC office

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The Corps Marshal of the Federal Road Safety Corps, Malam Shehu Mohammed, has praised the Nigerian Army and Nigeria Police Force for their swift and decisive response during the recent attack on the Benin Toll Gate Unit Command Office.

The attack occurred on Thursday at the RS5.12 Benin Toll Gate Unit on the Benin–Lagos Expressway, following a crash involving two trucks, the statement said.

One truck driver died in the accident, while FRSC personnel sustained critical injuries, with one officer later succumbing despite urgent medical attention.

“In the aftermath of the crash, an angry mob besieged and vandalised the Unit Command formation. However, the prompt response by security agencies helped to restore order and prevent further escalation,” Mohammed said in a statement issued on Friday by the FRSC spokesman, Olusegun Ogungbemide, in Abuja.

The Corps Marshal condemned the attack on FRSC personnel and facilities as “deeply regrettable and unacceptable,” emphasising that the operatives were on lawful duty to save lives.

He also commiserated with the families of the deceased driver, the fallen officer, and the entire FRSC workforce.

Mohammed has ordered a comprehensive investigation into both the immediate and underlying causes of the crash and the circumstances that led to the mob action.

He assured the public that anyone found culpable would be brought to justice.

The FRSC boss reaffirmed the Corps’ commitment to ensuring safer roads for all Nigerians and called on the public to remain calm, law-abiding, and supportive of its activities.

(NAN)

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