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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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Nigeria, US forces killled over 20 ISWAP fighters in fresh operation – DHQ

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The Defence Headquarters on Monday said Nigerian troops, in collaboration with the United States Africa Command, killed more than 20 Islamic State West Africa Province fighters during fresh coordinated air strikes in the North-East.

The DHQ said the operation was carried out in the general area of Metele following intelligence reports on the convergence and movement of terrorist elements within the region.

In a statement by the Director of Defence Information, Maj. Gen. Samaila Uba, the military said the strikes formed part of sustained operations aimed at dismantling terrorist networks and denying insurgents safe haven in the country.

“The Defence Headquarters, in close coordination with United States Africa Command, wish to update the general public on the continuation of coordinated operations against ISIS militants across the North East Nigeria, with additional air strike operations successfully executed in the general area of Metele.

“Following observed convergence and migration of terrorist elements, multiple air strikes were conducted resulting in the elimination of more than 20 ISIS/ISWAP fighters,” the statement partly read.

The military said the ongoing operations were designed to disrupt terrorist activities, remove fighters from the battlefield and prevent insurgents from regrouping.

“The Armed Forces of Nigeria will continue to aggressively defend the sovereignty, security and territorial integrity of the nation,” the statement added.

Uba stressed that terrorists threatening citizens and national stability would be located and defeated, saying that there would be no safe haven for all terrorists anywhere in Nigeria.

“Terrorists who threaten our citizens, communities and national stability will be located and defeated. There will be no safe haven for all terrorists anywhere in Nigeria,” he said.

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This is coming after the announcements by United States President Donald Trump and President Bola Tinubu confirming the killing of ISIS kingpin, Al-Minuki during a joint counterterrorism operation conducted by Nigerian and US forces.

Trump described the slain militant as the most active terrorist in the world and claimed he was the second in command of ISIS globally,” adding that the terrorist leader believed he could evade capture in Africa.

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Bus knocks pedestrian dead in Ogun

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A pedestrian has lost his life after being knocked down by a Toyota Coaster bus at Imowo, along the Imowo-Ibadan Road inward Ijebu Ode in Ogun State.

PUNCH Metro gathered on Monday from the spokesperson for the Ogun State Traffic Compliance and Enforcement Agency, Babatunde Akinbiyi, that the fatal accident occurred at about 4:45 pm on Sunday and caused serious traffic congestion along the route due to the obstruction caused by the bus.

He noted that TRACE operatives and police officers from the Obalende Division were immediately deployed to the scene to manage traffic and rescue operations.

According to him, the accident happened when the pedestrian allegedly failed to check the other side of the road before attempting to cross.

The agency noted that there was a diversion to a single lane outward Ijebu Ode due to ongoing road rehabilitation works along the axis.

The statement read, “According to eyewitness account, the pedestrian forgot to check the other side of the road before crossing the road. There is diversion to one lane due to ongoing road rehabilitation on the axis.”

Akinbiyi added that no other injuries were recorded in the incident aside from the death of the male pedestrian.

He further disclosed that its operatives controlled vehicular movement around the scene to ease traffic congestion and prevent secondary accidents.

“TRACE operatives assisted in carrying the presumed dead into the OGSAS ambulance, while the body was subsequently conveyed to the General Hospital mortuary, Ijebu Ode,” the statement added.

The TRACE Head of Media stressed further that the accidented Toyota Coaster bus was later evacuated from the road and moved to the Police Area Command, Igbeba, for further investigation.

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The agency confirmed that normal vehicular movement had been restored after the evacuation exercise.

PUNCH Metro reported earlier that an auto crash along the Third Mainland Bridge left a policeman riding on a motorcycle, dead after being hit by a Lexus car.

The driver of the car was said to have surrendered himself to the police following the incident.

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FG cracks down on unapproved contract variations in MDAs

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The Federal Government, through its Bureau of Public Procurement, on Sunday barred government Ministries, Departments, and Agencies from processing upward revisions of contract sums without first obtaining a Bureau certificate.

This was as it issued other sweeping guidelines that centralised the review of all contract variations and scope modifications under its authority. According to a statement signed by its Head of Press and Public Relations, Zira Nagga, the Bureau said the reform is designed to close one of the most persistent channels for cost inflation and corruption in Nigeria’s public procurement system.

The guidelines, issued pursuant to Sections 5(a) and (o) of the Public Procurement Act 2007, give effect to a Federal Executive Council-approved policy conveyed by the Secretary to the Government of the Federation in December 2025.

The statement is titled ‘Contract Variations: BPP Releases Guidelines.’

The new guidelines replace an earlier 2013 framework that required Presidential approval only for variations above 15 per cent of the initial contract sum or N1bn.

Under the new framework, every request for a variation order, fluctuation claim, or scope modification, regardless of size, must first be submitted to the BPP for review and certification before proceeding to the relevant approving authority.

Nagga noted that a BPP Certificate of No Objection, valid for six months, is now a mandatory precondition for any further action. Variations processed without it will attract sanctions under the Public Procurement Act 2007, including suspension of responsible officers and debarment of contractors, the statement said.

It also quoted the Bureau’s Director-General, Adebowale Adedokun, as saying, “Variations must not become a backdoor for cost inflation and scope creep.

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“These guidelines ensure that every adjustment to a public contract is necessary, justified, and delivers value to Nigerians. The BPP will apply these rules rigorously and fairly across all MDAs.”

Accordingly, the guidelines draw a firm line between permissible and impermissible grounds for variation. Acceptable grounds include unforeseen site conditions, material errors in design or bills of quantities, statutory changes after contract execution, significant price escalation due to macroeconomic shocks or force majeure, and value engineering improvements that reduce cost without altering scope.

Variations arising from inadequate planning, avoidable design flaws, or the addition of new components not contemplated in the original contract scope will be rejected outright, Nagga noted.

Such additions, the guidelines stated, must be procured as entirely separate contracts, a provision aimed at blocking the practice of using variations to effectively award new projects under the cover of an existing contract.

On fluctuation claims, adjustments for changes in the cost of labour, materials, and exchange rates, the guidelines introduced new deterrents against deliberate project delays.

It stated that, going forward, contractors found to have intentionally slowed down execution in order to generate larger fluctuation claims will be denied those claims and may be debarred if the claims are found to be bogus or overstated.

The revised approving authority thresholds are now tied to the augmentation sum, the amount of the increase, rather than the total revised contract cost. Works variations of N10bn and above will require Federal Executive Council approval.

It stated, “Those between N5bn and N10bn go to the Ministerial Tenders Board; those between N75m and N5bn to the Parastatal Tenders Board; and anything below N75m for works, or N50m for goods and services, can be approved at the Accounting Officer level.”

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Similar thresholds apply to goods and services procurement. To address the upstream cause of many avoidable variations, the guidelines mandated the use of approved final designs for all procurements from the outset.

It also stated that the use of preliminary or flawed designs that subsequently generate unnecessary variations will attract regulatory sanctions, a provision targeting the entrenched practice of commencing projects with incomplete engineering designs.

On transparency, the BPP said all MDAs are required to publish details of every approved variation, including the contractor’s name, original contract sum, augmentation amount, revised contract sum, and grounds for the increase, on their websites and the BPP portal within 30 days of Tenders Board approval.

The BPP said it will also periodically submit council notes to the Federal Executive Council on reviewed and approved variations across government. The guidelines take immediate effect and apply to all ongoing projects regardless of when the original contract was awarded.

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