Human rights lawyer, Femi Falana (SAN), has clarified that the Supreme Court did not endorse the dissolution of democratic institutions in any state under emergency rule, despite some media reports suggesting otherwise.
The apex court had on Monday affirmed the President’s constitutional authority to declare a state of emergency to prevent a breakdown of law and order. In a split decision, it also held that the President may suspend elected officials for a limited period under Section 305 of the 1999 Constitution.
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The ruling followed a suit filed by 11 PDP-controlled states, challenging President Bola Tinubu’s emergency declaration in Rivers State earlier in the year, which included suspending the governor, deputy governor, and lawmakers.
In a statement, Falana said the judgment delivered on December 15, 2025, in Attorney-General of Adamawa State & 19 Ors v Attorney-General of the Federation was being misinterpreted.
“Contrary to the misleading reports, the Supreme Court did not endorse the dissolution of democratic structures during emergency rule in any state of the Federation,” Falana stated.
He explained that although the court dismissed the suit for lack of jurisdiction, it still considered the substantive issues.
Quoting the lead judgment delivered by Justice Mohammed Baba Idris, Falana noted:
“Section 305 of the Nigerian Constitution does not confer power on the President to temporarily dissolve executive and legislative institutions of a State during emergency rule.”
Falana further highlighted that the judgment reaffirmed Nigeria’s federal structure:
“Governmental powers under the Constitution are divided among the executive, legislature and judiciary, and shared across the federal, state and local government levels, with no arm or tier constitutionally superior to another.”
He added that unlike the constitutions of India and Pakistan, Nigeria’s Constitution deliberately avoids provisions that allow federal executives to override state governments during emergencies.
“The omission was deliberate and reflects Nigeria’s commitment to federalism and the autonomy of state governments,” Falana concluded.
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