By Desire Emmanuel
The Supreme Court on Tuesday, October 21, reserved its judgment regarding a lawsuit questioning President Tinubu’s declaration of a state of emergency in Rivers State in March this year.
A panel of seven justices headed by Justice Inyang Okoro adjourned proceedings after the involved parties presented their cases on Tuesday.
In this matter, the plaintiffs are the Attorneys General of 10 states, while the defendants are the Federal Government and the National Assembly.
In the proceedings of the day, the fifth plaintiff, Delta State, decided to withdraw from the lawsuit. This decision was not contested by Lateef Fagbemi (SAN), the counsel representing the Federal Government.
Eyitayo Jegede (SAN), who served as the legal representative for the plaintiffs, emphasised that their case does not dispute the president’s authority to declare a state of emergency. Instead, it questions the scope of this declaration, particularly concerning its impact on the positions of the governor, deputy governor, and the state House of Assembly.
In his argument, and in response to the courts question, if there was a threat in the process of the proclamation, counsel for the Federal Government and Attorney General of the Federation, Lateef Fagbemi, stated there there was none and that the plaintiffs have not been able to prove any.
He also noted that Rivers State was engulfed in crisis, involving the governor and the executives, prompting the president’s action in March.
The senior lawyer also submitted that the state governor, Siminalayi Fubara; his deputy, Ngozi Odu; and members of 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.
Counsel for the National Assembly, Charles Yohila, aligned himself with the AGF’s submission and urged the court to dismiss the case.
After listening to the parties in the suit, the apex court reserved judgment till a date to be communicated to parties in the suit.
