The Supreme Court of Nigeria has reserved judgment in the suit challenging the declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu.
A seven-member panel of justices, led by Justice Inyang Okoro, reserved judgment on Monday after listening to arguments and the adoption of briefs by all parties involved in the matter.
The case was filed by the Attorneys-General of ten states against the Federal Government and the National Assembly. However, during Monday’s proceedings, the Attorney-General of Delta State—the fifth plaintiff—formally withdrew from the suit. The withdrawal was not opposed by counsel representing the Federal Government.
Focus of the Legal Challenge
The plaintiffs are not contesting the constitutional powers of the President to declare a state of emergency. Rather, they are seeking clarity on the scope of the emergency proclamation, particularly its implications for the offices of the governor, deputy governor, and members of the Rivers State House of Assembly.
According to the plaintiffs, the extension of emergency powers to these offices raises constitutional concerns and sets a troubling precedent for federal overreach.
FG Defends Emergency Measures
The Federal Government, represented by Attorney-General of the Federation Lateef Fagbemi (SAN), defended the President’s action, citing political instability in Rivers State as justification for the emergency declaration. Fagbemi argued that the situation—marked by a breakdown in governance and tension between state officials—warranted federal intervention to preserve law and order.
He, however, maintained that the declaration did not remove or suspend any elected officials from office, but was aimed at restoring normalcy.
Judgment Date Yet to Be Announced
At the end of the hearing, Justice Okoro stated that the court would communicate the judgment date to the parties in due course.
