Drama At The Apex Court: Fresh Decision Reserved In Case Challenging Tinubu’s Emergency Rule In Rivers

A seven-member panel of justices, led by Justice Inyang Okoro, reached the decision on Tuesday after listening to the final arguments presented by all parties. The date for the verdict will be communicated to the parties at a later time.

 the plaintiffs in the case are the Attorneys-General of ten states, while the Federal Government and the National Assembly are listed as the defendants.

During the hearing, Delta State, which was the fifth plaintiff, withdrew from the case—a move that was not opposed by the Federal Government’s counsel, Lateef Fagbemi (SAN).

Fagbemi argued that President Tinubu’s declaration complied with constitutional provisions and was necessary to restore order amid the political turmoil in Rivers State. He noted that Governor Siminalayi Fubara, his deputy, Ngozi Odu, and members of the State House of Assembly were only suspended—not removed—as part of temporary measures to stabilize governance in the state.

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

On the other hand, counsel for the plaintiffs, Eyitayo Jegede (SAN), clarified that their argument was not against the President’s constitutional power to declare a state of emergency, but rather against the extent of that declaration—particularly its effect on the positions of the governor, deputy, and lawmakers.

It will be recalled that President Tinubu declared a state of emergency in Rivers State in March 2025, following escalating political tensions between Governor Fubara and his predecessor, Nyesom Wike. The emergency rule expired in September, restoring full democratic governance in the oil-rich state.