Supreme Court reserves judgment on Rivers State Emergency declaration suit

The Supreme Court has reserved judgment in the suit challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State in March.

A seven-man panel of justices led by Justice Inyang Okoro adjourned the case on Tuesday after parties involved adopted their processes.

The plaintiffs in the matter are the Attorneys General of 10 states, while the defendants are the Federal Government and the National Assembly.

During Tuesday’s proceedings, the fifth plaintiff, Delta State, withdrew from the suit — a decision that was not opposed by the counsel representing the Federal Government, Lateef Fagbemi (SAN).

Counsel for the plaintiffs, Eyitayo Jegede (SAN), explained that the suit was not disputing the President’s authority to declare a state of emergency but was questioning how far such a proclamation could go, especially concerning the suspension of the governor, deputy governor, and members of the State House of Assembly.

Responding to questions from the court, the Federal Government’s counsel and Attorney General of the Federation, Lateef Fagbemi, argued that there was no procedural flaw in the President’s action. He maintained that Rivers State had been engulfed in a political crisis involving the governor and other state executives, which necessitated the emergency declaration.

Fagbemi further clarified that Governor Siminalayi Fubara, his deputy Ngozi Odu, and lawmakers were not removed from office but only suspended as an extraordinary measure to restore order in the state. He insisted that the President acted out of constitutional duty and urged the apex court to dismiss the case.

Counsel for the National Assembly, Charles Yohila, supported Fagbemi’s position and also called for the dismissal of the suit.

After hearing from all parties, the Supreme Court reserved its judgment to a date that will be communicated later.