Supreme Court reserves judgment in suit challenging emergency declaration in Rivers

The Supreme Court has reserved judgment in a suit challenging President Bola Tinubu’s March declaration of a state of emergency in Rivers State.

A seven-member panel led by Justice Inyang Okoro reserved ruling on Tuesday after parties adopted their final arguments.

The case was filed by the Attorneys General of 10 states, with the Federal Government and National Assembly listed as defendants. During proceedings, Delta State—the fifth plaintiff—withdrew from the suit. The withdrawal was not opposed by the Attorney General of the Federation (AGF), Lateef Fagbemi (SAN).

Arguing for the plaintiffs, Eyitayo Jegede (SAN) clarified that the suit was not disputing the President’s power to declare a state of emergency, but questioned the scope—particularly the impact on the offices of the governor, deputy governor, and the State House of Assembly.

Responding, Fagbemi maintained that the plaintiffs failed to establish any threat to the democratic process arising from the emergency proclamation. He cited political instability in Rivers as the basis for the President’s intervention, insisting the action was constitutional and necessary to restore order.

He further argued that the governor, Siminalayi Fubara; his deputy, Ngozi Odu; and lawmakers were not removed but temporarily suspended as a crisis-management measure.

Fagbemi urged the court to dismiss the suit entirely.

Counsel for the National Assembly, Charles Yohila, supported the AGF’s position and also asked the court to dismiss the case.

The Supreme Court has reserved its judgment and will communicate the ruling date to the parties.