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Supreme Court: President Can Declare Emergency Rule, Sack 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.”

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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NIBAD 2026: Abike Dabiri To Take Centre Stage As Bunmi Ebony, DJ X-One Host Baltimore Event

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The Chairman and Chief Executive Officer of the Nigerians in Diaspora Commission (NiDCOM), Hon. Dr Abike Dabiri-Erewa ( OON) has been scheduled for honour, among other awardees, at the 2026 and the 6th edition of the annual Nigerian Independence Ball, Awards, and Dinner (NIBAD),billed to hold in Baltimore, Maryland, on the 18th of October .

 

At the instance of Naija Times USA and Raindrop Group led by Olaniyi Thompson Tabi, activities marking the 6th edition of NIBAD commenced on the 3rd of October with Independence carnival in Maryland.

As part of the expanded 6th edition, the Annual Independence stage play titled ‘Your Excellency Sir!’ …The saga of a nation, written and directed by Olaniyi Thompson Tabi, was showcased at a very colorful event on the 9th of October.

Designed to be an unforgettable celebration of Nigeria’s 66th Independence celebration, the grand finale of the celebration is billed for Sunday, the 18th of October, 4.00pm, at Gabriel Community Centre, 6948, Dogwood Road, Windsor Mill, MD 21244.

The evening will not only commemorate Nigeria’s rich history and vibrant culture but will also spotlight the exceptional contributions of Nigerians at home and abroad in various fields such as business, healthcare, education, community service, and more.

The evening will feature a grand awards ceremony to honor those who have demonstrated leadership, innovation, and dedication in their respective industries. Among them, Dr Dabiri- Erewa

Hon. Dr. Abike Kafayat Oluwatoyin Dabiri-Erewa (OON) is a prominent Nigerian politician, public administrator, and former broadcast journalist who has been able to show leadership since her appointment as the Chairman and Chief Executive Officer of the Nigerians in Diaspora Commission (NiDCOM).

To add colour to the event also, is

Dj X-One, reputed as the best Disc Jockey in the DMV area. Bunmi Ebony, a fast rising Juju Artiste in Atlanta will also be on the bandstand to thrill guests at the event to celebrate Nigeria.

 

****About NIBAD: The Nigerian Independence Ball, Awards, and Dinner (NIBAD) is an annual event that celebrates Nigeria’s Independence while recognizing the achievements of Nigerians in the diaspora. NIBAD aims to highlight the cultural pride, resilience, and accomplishments of Nigerians globally, bringing together community leaders, professionals, and influencers for an evening of celebration, inspiration, and unity.

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DPO Sacked Over Renovation Of Police Post By Suspected Cultist

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The Rivers State Police Command under CP Olugbenga A. Adepoju has condemned the purported renovation of the Abuloma Police Outpost by suspected cultists and ordered a full investigation into the incident.

 

Police Public Relations Officer (PPRO) of the command, ASP Blessing Agabe disclosed this in a Friday statement.

She said the command’s action follows a trending social media report and circulating video alleging that suspected cultists renovated the outpost and visited the facility on Thursday, October 15, to celebrate completion of the renovation.

The command said it “strongly condemns any action or association capable of compromising the integrity, discipline and professional standards of the Nigeria Police Force or conferring legitimacy, recognition or acceptance on suspected cult groups or other unlawful organisations.”

It added, “Police facilities are public institutions established for the protection of citizens and the enforcement of law and must not become platforms through which criminal groups seek public validation or influence.”

The command said CP Adepoju maintains zero tolerance for criminality and any conduct that undermines public confidence in the police.

Consequently, he has queried and relieved the Divisional Police Officer in charge of Abuloma Division and the Divisional Officer overseeing the affected outpost of their duties pending investigation.

The CP has also ordered a full investigation to establish the circumstances surrounding the incident and the veracity of the allegations, including the identities and backgrounds of the individuals or groups who financed or facilitated the renovation; the police officers who authorised or approved the project; whether due procedures were followed; whether any officer breached professional standards or compromised the integrity of the force; and the extent of any involvement by police personnel.

The command said while it welcomes legitimate community support for improving police facilities, consistent with Section 26(1)(d) of the Nigeria Police Act 2020, which provides for gifts and contributions to the Police General Fund, such support must not compromise police independence, professional standards or security.

“No donation or assistance confers immunity from investigation or prosecution,” the command stated, adding that the investigation will establish whether necessary approvals were obtained and appropriate checks conducted on those who financed the renovation.

It reiterated that it would not condone unprofessional conduct or any form of improper association with criminal elements and that appropriate disciplinary and legal action would be taken against anyone found culpable.

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Police Confirm Kidnap Of Catholic Priest In Benue

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The Police Command in Benue State has confirmed the abduction of Rev. Fr. John Otache, Parish Priest of St. Margaret’s Parish, Ajegbe-Awume, in Ohimini Local Government Area of the state.

 

The Police Public Relations Officer, DSP Aondogu Orchia confirmed the incident on Friday in Makurdi.

Orchia said the command had commenced full investigation into the incident and efforts were ongoing to rescue the priest.

Meanwhile, the Catholic Diocese of Otukpo, in a statement signed by the Diocesan Chancellor, Rev. Fr. Joseph Itodo, said the priest was abducted on October 13.

According to Itodo, Otache was returning home from Otukpo when he encountered the abductors along the Otobi Amejo-Ajegbe Road in Ohimini Local Government Area.

He expressed sadness over the incident, saying the Bishop of Otukpo, Most Rev. Michael Apochi, was deeply pained by the development.

He called on priests, religious members, the laity and other well-meaning individuals to pray for the priest’s safe and speedy release.

He also urged prayers for other persons held by kidnappers across the country, expressing hope for their safe return.

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