Over a month after the expiration of the emergency rule in Rivers State and the reinstatement of Governor Siminalayi Fubara, the Supreme Court has reserved judgment in a suit challenging President Bola Tinubu’s declaration of a state of emergency in the state — a case many lawyers have since described as merely an academic judgment.
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A seven-man panel of the apex court, led by Justice Inyang Okoro, reserved ruling after the parties in the suit adopted their briefs on Tuesday.
The plaintiffs in the suit are the Attorneys-General of ten states, while the defendants are the Federal Government and the National Assembly. During the proceedings, the fifth plaintiff, Delta State, withdrew from the suit—a decision that was not opposed by the counsel for the federal government, Lateef Fagbemi, SAN.
Eyitayo Jegede, SAN, representing the plaintiffs, clarified that their challenge was not a denial of the President’s constitutional power to declare a state of emergency, but a question of the extent to which such a proclamation can affect the offices of the governor, deputy governor, and members of the State House of Assembly.
In his submission for the Federal Government, Fagbemi argued that there was no evidence of any threat necessitating the emergency declaration, asserting that the plaintiffs had not proven any such threat. He noted that Rivers State had been engulfed in a governance crisis involving the governor and state executives, which prompted the President’s intervention.
Fagbemi emphasized that the governor, deputy governor, and State House of Assembly members were not removed but suspended temporarily as part of extraordinary measures aimed at restoring decorum in the state. He further stated that the President acted out of duty, urging the court to dismiss the suit in its entirety.
Counsel for the National Assembly, Charles Yohila, aligned with the submissions of the Attorney General of the Federation, supporting a dismissal of the case.
After hearing arguments from all parties, the Supreme Court reserved judgment, with the date of delivery to be communicated to the parties involved.
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