The Supreme Court on Tuesday reserved judgment in a suit filed by some Peoples Democratic Party (PDP) governors challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State.
A seven-member panel of justices, led by Justice Inyang Okoro, announced the decision after parties adopted their written addresses.
The plaintiffs, represented by the Attorneys-General of 20 states, are suing the Federal Government and the National Assembly. However, the Delta State Government the 5th plaintiff withdrew from the suit without objection from the Attorney-General of the Federation (AGF), Lateef Fagbemi, SAN.
Arguing for the plaintiffs, Eyitayo Jegede, SAN, clarified that their contention was not about the President’s constitutional power to proclaim an emergency but the extent to which such a proclamation could affect the offices of the Governor, Deputy Governor, and State House of Assembly.
In his defence, Fagbemi maintained that Rivers State was in deep political crisis, warranting urgent presidential intervention. He said the suspension of the Governor, his deputy, and the Assembly was a temporary, extraordinary measure to restore order.
“The President had a constitutional duty to act swiftly. The plaintiffs have failed to prove otherwise,” Fagbemi submitted, urging the court to dismiss the case.
Counsel to the National Assembly, Charles Yohila, aligned with the AGF’s position and also called for the dismissal of the suit.
After hearing both sides, the apex court reserved judgment to a date that will be communicated to the parties.
