Supreme Court Reserves Judgement in Rivers State Emergency Rule Case

The Supreme Court on Tuesday reserved judgement in a suit filed by governors elected on the platform of the Peoples Democratic Party (PDP) challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State on 18 March. The seven-member panel, led by Justice John Inyang Okoro, reserved its decision after parties in the case adopted their written arguments.

The hearing came more than a month after the six-month emergency rule, which took effect on 18 March, expired on 17 September. The delayed proceedings drew criticism from many Nigerians, who accused the judiciary of reluctance to hear the case while the emergency rule was in force. Critics suggested that the delay reflected the judiciary’s unwillingness to challenge the president’s action.

The plaintiffs in the suit are the attorneys-general of 11 PDP-controlled states at the time of filing, though the number has since dropped to eight following defections by Governors Sheriff Oborevwori of Delta State and Peter Mbah of Enugu State to the All Progressives Congress (APC), and the resignation of Bayelsa State Governor Douye Diri from the PDP. The federal government and the National Assembly are the defendants.

During Tuesday’s proceedings, Delta State withdrew from the case, a move that federal government counsel Lateef Fagbemi (SAN) did not oppose. Counsel for the plaintiffs, Eyitayo Jegede (SAN), clarified that the suit was not contesting the president’s power to declare a state of emergency but questioned whether such a proclamation could constitutionally suspend elected officials, including the governor, deputy governor, and members of the State House of Assembly.

Responding to the court’s queries, Mr. Fagbemi defended the president’s decision, saying Rivers State had been engulfed in a political crisis that warranted federal intervention. He argued that the suspension of the state’s leadership was a temporary measure to restore order and urged the court to dismiss the suit. Counsel for the National Assembly, Charles Yoila, supported Mr. Fagbemi’s position.

After hearing both sides, the court reserved judgement to a date that will be communicated to the parties.

President Tinubu lifted the emergency rule on 17 September, reinstating Governor Siminalayi Fubara, his deputy, and members of the state assembly. While acknowledging public concern over the move, he said the measure had achieved its purpose of restoring peace and stability.

The president had declared the emergency rule in March, citing political instability, constitutional breaches, and security threats in Rivers State. He appointed retired Vice Admiral Ibok-Ete Ibas as sole administrator to oversee the state during the six-month period.

The PDP-led states filed the suit at the Supreme Court, arguing that the declaration violated Section 305 of the Nigerian Constitution, which regulates emergency powers. They asked the court to nullify both the emergency rule and the appointment of the sole administrator. The federal government, in its preliminary objection, challenged the Supreme Court’s jurisdiction, arguing that the matter was not a dispute between the federation and the states and that the plaintiffs lacked legal standing.

Judgement has now been reserved, with the court expected to announce a decision at a later date.