The Supreme Court has reserved judgment in a suit challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State in March 2025.
A seven-man panel of justices, led by Justice Inyang Okoro, adjourned the matter on Tuesday after parties in the suit adopted their final written addresses.
The suit was filed by the Attorneys-General of ten states, with the Federal Government and the National Assembly listed as defendants. However, at Tuesday’s proceedings, the Attorney-General of Delta State, the fifth plaintiff, formally withdrew from the case — a move that was not opposed by the Federal Government’s counsel, Lateef Fagbemi (SAN).
Counsel to the plaintiffs, Eyitayo Jegede (SAN), clarified that the suit was not intended to dispute the President’s constitutional power to declare a state of emergency. Instead, it questioned the extent of that power — particularly the legality of extending the emergency proclamation to suspend the offices of the governor, deputy governor, and members of the State House of Assembly.
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Responding to questions from the justices, Fagbemi argued that the plaintiffs failed to show that due process was violated in the proclamation. He maintained that Rivers State was engulfed in a severe political crisis between the governor and key executive officials, prompting the President’s intervention in March.
The Attorney-General of the Federation further contended that Governor Siminalayi Fubara, his deputy, Ngozi Odu, and members of the House of Assembly were not removed but temporarily suspended — a move he described as “an extraordinary measure necessary to restore order.”
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Fagbemi urged the Supreme Court to dismiss the case in its entirety, insisting that President Tinubu acted within his constitutional duty to preserve peace and stability in the state.
Counsel for the National Assembly, Charles Yohila, aligned with the AGF’s arguments and also called for the dismissal of the suit.
After hearing from all parties, the apex court reserved judgment to a date that will be communicated to the parties in due course.
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