The Supreme Court has reserved judgment in a suit challenging the declaration in March of a state of emergency in Rivers State by President Bola Tinubu.
A seven-man panel led by Justice Inyang Okoro adjourned after parties in the suit adopted their processes on Tuesday.
The plaintiffs in the suit are the Attorneys-General of 10 states, while the defendants are the Federal Government and the National Assembly.
At the day’s proceeding, the fifth plaintiff, Delta State, withdrew from the suit, which was not opposed by the counsel for the Federal Government, Mr. Lateef Fagbemi (SAN).
While adopting his process, Counsel to the plaintiffs, Mr. Eyitayo Jegede (SAN), 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.
In response to the court's question, Fagbemi stated that there was no threat to the process, 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, Mr. 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 the parties.
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