October 21, (THEWILL) — The Supreme Court has reserved judgment in a suit filed by ten governors elected on the platform of the Peoples Democratic Party (PDP), challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State.
President Tinubu had, on March 18, declared a state of emergency in the oil-rich state, suspending Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, and all elected members of the State House of Assembly for an initial period of six months.
He cited prolonged political instability, constitutional breaches, and security threats as justification for the action, and appointed Vice Admiral Ibok Ete Ibas (retd.) as the state’s administrator pending the resolution of the crisis.
Although the emergency rule has since lapsed, leading to the restoration of the suspended officials, the PDP governors proceeded with the legal challenge, insisting that the President’s directive was unconstitutional.
At Tuesday’s hearing, counsel to the plaintiffs, Eyitayo Jegede (SAN), argued that the suit was not contesting the President’s power to declare a state of emergency but questioned the legality of suspending duly elected state officials under such proclamation.
Responding, Attorney-General of the Federation (AGF) Lateef Fagbemi (SAN) maintained that Rivers State had been engulfed in a deep political crisis requiring decisive federal intervention.
He added that the suspension of the governor, his deputy, and the House of Assembly was a temporary measure aimed at restoring order.
Fagbemi urged the apex court to dismiss the suit, stressing that the President acted within his constitutional authority.
Counsel to the National Assembly, Charles Yoila, aligned with the AGF’s submission and also called for the dismissal of the case.
After listening to arguments from all parties, the Supreme Court reserved judgment to a date that will be communicated to the litigants.
Meanwhile, Delta State, listed as the fifth plaintiff, withdrew from the case on Tuesday.
THEWILL recalls that Governor Sheriff Oborevwori of Delta State, along with the PDP structure in the state, defected to the All Progressives Congress (APC) in April.
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