S/Court reserves judgement on Rivers’ emergency rule suit

The Supreme Court has reserved judgement in the suit by governors of the Peoples Democratic Party (PDP) challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State. A seven-member panel led by Justice Inyang Okoro, on Tuesday, reserved the judgement after the parties adopted their processes and argued their briefs. The PDP […]

The Supreme Court has reserved judgement in the suit by governors of the Peoples Democratic Party (PDP) challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State.

A seven-member panel led by Justice Inyang Okoro, on Tuesday, reserved the judgement after the parties adopted their processes and argued their briefs.

The PDP governors brought the suit against the federal government, contending that the president lacks the constitutional power to suspend a democratically elected governor and deputy governor, and to appoint a sole administrator.

The president, on March 18, declared the emergency rule, citing Section 305(5) of the Nigerian Constitution, 1999, and suspended Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state House of Assembly for six months while announcing Retired Vice-Admiral Ibok-Ete Ibas as the sole administrator of the state.

The suspension lapsed on September 18, paving the way for the return of the elected officials.

Counsel to the states, Eyitayo Jegede (SAN), noted that the case was not to challenge the president’s power to proclaim a state of emergency, but the extent to which the proclamation can be made to affect the office of the governor, deputy governor and the House of Assembly in compliance with sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).

Earlier, the Delta State Government announced its withdrawal from the hearing, which was not opposed by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN).

However, Fagbemi submitted to the apex court, in response to a question of whether there was a threat in the proclamation, noting that there was none as the states have not proved any.

He added that the elected officials were not removed but suspended as part of extraordinary measures to restore law and order in the state.

Aligning with Fagbemi’s submission, counsel to the National Assembly, Charles Yohila, asked the apex court to dismiss the case in its entirety.