Rivers Emergency Rule: FG, National Assembly Make Demands From Supreme Court

The Supreme Court has reserved judgment in a suit filed by some state governors elected on the platform of the Peoples Democratic Party (PDP), challenging the declaration of a state of emergency in Rivers State by President Bola Tinubu.

A seven-man panel of justices, led by Justice John Inyang Okoro, adjourned the matter on Tuesday after parties in the suit adopted their final written addresses.

The plaintiffs in the case are the Attorneys-General of ten PDP-controlled states, while the Federal Government and the National Assembly were joined as defendants.

During the proceedings, the fifth plaintiff, Delta State, withdrew from the case. The decision was not opposed by the Federal Government’s counsel, Lateef Fagbemi, SAN.

Counsel to the plaintiffs, Eyitayo Jegede, SAN, while adopting his brief, clarified that the suit was not intended to dispute the President’s power to declare a state of emergency, but to question the extent to which such proclamation could affect the offices of the Governor, Deputy Governor, and the State House of Assembly.

In his response, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, argued that the plaintiffs had failed to show any violation of the law or threat necessitating judicial intervention.

He maintained that Rivers State was engulfed in political turmoil involving the Governor and members of the executive, which prompted the President’s decision to declare a state of emergency.

Fagbemi further stated that the Governor, Deputy Governor, and the House of Assembly were not removed from office but temporarily suspended as part of “extraordinary measures” needed to restore peace and order in the state.

He insisted that President Tinubu acted out of duty and in the national interest.
Counsel representing the National Assembly, Charles Yoila, aligned himself with the submissions of the Attorney-General and urged the court to dismiss the suit.

After hearing arguments from all parties, the Supreme Court announced that judgment has been reserved until a date to be communicated to the parties involved.

The Federal Government and the National Assembly have urged the Supreme Court to dismiss the suit filed by ten Peoples Democratic Party (PDP)-controlled states challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State.

During the hearing on Tuesday, a seven-man panel of the apex court, led by Justice John Inyang Okoro, listened to final submissions from all parties before reserving judgment for a later date. The plaintiffs, through their counsel, Eyitayo Jegede (SAN), argued that while the President has constitutional powers to declare a state of emergency, such authority must not extend to suspending the offices of the Governor, Deputy Governor, or the State House of Assembly.

However, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), countered the claim, insisting that President Tinubu acted lawfully and in the national interest to restore peace amid the escalating political crisis in Rivers State. Fagbemi emphasized that no democratic structures were dissolved, only temporarily suspended to allow stability to return.

Aligning with the Federal Government’s position, counsel representing the National Assembly, Charles Yoila, urged the Supreme Court to reject the PDP governors’ suit, arguing that the emergency proclamation was a necessary constitutional step. Following submissions from all parties, the apex court reserved judgment and will communicate the ruling date to the concerned parties in due course.