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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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11th Senate to consider six-year single term for president, governors – Lawmaker

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Senate Leader, Opeyemi Bamidele, has disclosed plans to sponsor a bill seeking to introduce a single six-year tenure for presidents and governors after the 2027 general elections.

Bamidele said the proposed legislation would be among the first bills he intends to introduce when the next Senate is inaugurated, arguing that it would enable elected leaders to focus on governance rather than re-election campaigns.

Speaking during an interview with reporters in his office on Tuesday, the lawmaker said the current two-term arrangement often compels officeholders to devote a significant portion of their first term to political calculations and preparations for re-election.

“One of the first set of bills that I look forward to moving, by God’s grace, when we come back for the 11th Senate, God willing, is for a bill that will only make it possible for anyone who wants to be president of this country, or governor in any part of this country, to spend only one term of six years,” he said.

According to him, a single tenure would eliminate distractions associated with seeking a second term.

“So that you don’t even have to worry about wasting almost one and a half years of your first term thinking and struggling and looking forward to how you’ll be re-elected,” Bamidele said.

“If you know you are there for six years, only one tenure, you put in your best from day one. You know this is the only chance that you have.”

The Senate Leader acknowledged that the proposal may not enjoy universal support but maintained that lawmakers have a responsibility to initiate reforms they believe would strengthen governance.

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“That’s my opinion. It doesn’t mean everybody will agree with me. But it also does not mean that I am prevented from doing that because that has not been the law,” he said.

Bamidele stressed that laws are meant to evolve in response to changing realities and public needs.

“The essence of law, the essence of parliament, is that laws are like human beings; they grow,” he added.

The proposal, if formally introduced and passed by the National Assembly, would require constitutional amendments before it can take effect.

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Ibadan visitation: Nobody can stop me from going anywhere in Nigeria – Sheikh Gumi

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Popular Islamic cleric, Sheikh Gumi Ahmad, has broken his silence on his visitation to Ibadan late last year, amidst outrage that he was trying to Islamise Oyo State with some Northern ideologies and tenets.

Gumi stressed that nobody can stop him from visiting anywhere in the country, while maintaining that he was not invited by any Muslim group or individual in the South-West.

In a post on his Facebook page on Tuesday, he said he was in Ibadan as a representative of northern Islamic scholars.

He made this known barely a day after one of the victims of the abduction in the Oriire Local Government Area of Oyo State dismissed claims that their abductors demanded the implementation of Sharia law in the state as part of the conditions for releasing the victims.

PUNCH Online reports that the principal of Community High School, Esiele, Oyo State, Mrs Rachael Alamu, while speaking from captivity in a now-viral video, said the gunmen said they never demanded the introduction of Sharia law or a N1 billion ransom as reported in some quarters, but rather for the release of their associates currently in the custody of Nigerian authorities.

Also, the Muslim Rights Concern rejected the alleged demand for Sharia in a statement issued on Monday, describing the report as “a lie from the pit of Jahannam (hell)”.

MURIC argued that the so-called demand was inserted by enemies of Islam in the negotiation team to tarnish the image of Islam.

However, aligning with the Islamic group’s position, Gumi wrote, “I quite understand now how Islamophobia is shaping politics in SW (South-West) and why I was unnecessarily dragged into their dirty local politics.

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“I was in Ibadan, not by the invitation of any SW Muslim individual or group, but as a representative of the Coalition of Northern Muslim Ulama.

“Can anybody stop me from going anywhere in Nigeria?”

Recall that Gumi visited Ibadan on Wednesday, November 19, 2025, where he served as a special guest and speaker at the Southern Nigerian Ulama Summit.

The event took place at the University of Ibadan.

During his visit, he also attended a courtesy session alongside other prominent Southern and Northern Muslim scholars.

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Troops rescue six kidnap victims after clash with terrorists in Borno

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Troops of Operation Hadin Kai have rescued six kidnap victims following a confrontation with terrorists along the Delwa–Komala road in Borno State.

The incident occurred at about 17:58 hours on June 6, 2026 when troops at Forward Operating Base Molai received intelligence that armed terrorists had intercepted and abducted civilians travelling along the route.

Troops were immediately mobilised on a fighting patrol to the location and reportedly made contact with the terrorists upon arrival in the general area.

According to the sources, the armed group abandoned the victims and fled into nearby bushes following the troops’ approach.

The victims were successfully rescued unharmed and comprised four adult males, one adult female and one minor.

They were said to have been secured and moved to a safer location for further assessment and necessary documentation.

The military noted that the general security situation in the theatre remains calm but unpredictable, adding that troops continue to maintain aggressive patrols and clearance operations across vulnerable areas.

It further stated that troops’ morale and operational effectiveness remain satisfactory as operations continue to deny terrorists freedom of action within the North-East theatre.

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