Supreme Court reserves judgement in suit challenging emergency rule declaration in Rivers state

Wednesday, October 22, 2025 - Over a month after the expiration of Emergency Rule in Rivers State and the re-instating of the democratically elected governor of the state, Similar Fubara, the Supreme Court has reserved judgement in a suit challenging the declaration of a state of emergency in the sate by President Bola Tinubu.

A seven-man panel of the court led by Justice Inyang Okoro reserved ruling on the matter for judgement after parties in the suit adopted their briefs.

The plaintiff in the suit are the Attorneys-General of 10 States, while the defendants in the suit are the Federal Government and the National Assembly.

During the proceeding, the fifth plaintiff, Delta State, withdrew from the suit, which was not opposed by the counsel for the federal government, Lateef Fagbemi, SAN.

Eyitayo Jegede SAN, who is representing the plaintiffs, while adopting his brief of argument, noted that their case was not a denial of the President’s power to proclaim a state of emergency but to challenge the extent to which the proclamation can be made to affect the offices of the governor, deputy governor, and the State House of Assembly.

Fagbemi, in his argument for the federal government and in response to the court’s question that if there was a threat in the process of the proclamation, stated there there was none and that the plaintiffs have not been able to prove any.

He also noted that Rivers state as engulfed in crisis, involving the governor and the executives, prompting the president’s action.

The senior lawyer also submitted that the governor, his deputy and the State House of Assembly were not removed but suspended as part of extraordinary measures required to bring decorum in the state.

Finally, he stated that the president had no choice but a duty to act the way he acted in declaring a state of emergency.

He, therefore, urged the apex court to dismiss the suit in its entirety.

After listening to the parties in the suit, the apex court reserved judgement until a date to be communicated to all parties in the suit.