HURIWA flays Supreme Court’s silence on Rivers emergency rule suit, slams Fubara’s capitulation

The Human Rights Writers Association of Nigeria (HURIWA) has strongly criticized the continued silence of the Supreme Court of Nigeria over a landmark suit filed by 11 governors elected under the platform of the Peoples Democratic Party (PDP), challenging the constitutionality of the emergency rule controversially declared in Rivers State by President Bola Tinubu.

In a statement released in Abuja on Monday, and signed by its National Coordinator, Comrade Emmanuel Onwubiko, HURIWA expressed deep concern over what it described as the judiciary’s dangerous dereliction of duty in a constitutional matter of grave national importance.

“It is unconscionable that more than two months after a suit of this magnitude—SC/CV/329/2025—was filed before the Supreme Court, the apex court has failed to fix a hearing date. This deafening silence by the judiciary over a brazen constitutional assault is a ticking time bomb for Nigeria’s democracy,” the group said.

The suit, filed by PDP governors from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa, challenges President Tinubu’s March 18 declaration of emergency rule in Rivers State and the suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the State House of Assembly for six months. The President had also appointed a sole administrator—retired Vice-Admiral Ibok-Ete Ibas—to oversee the affairs of the state.

HURIWA reiterated that the actions of the President amounted to a constitutional coup, arguing that no provision of the 1999 Constitution empowers the President to suspend a democratically elected governor and impose an unelected sole administrator under any guise.

“This is a brutal assault on the principle of federalism and the separation of powers,” HURIWA said. “The Constitution clearly outlines the processes for removing a governor or declaring a state of emergency under Section 305. None of those conditions were satisfied. What we witnessed in Rivers State was an executive ambush of democracy, rubberstamped by a subservient legislature.”

The rights group for the umpteenth time, lambasted the National Assembly for what it called a “cowardly and unconstitutional endorsement” of Tinubu’s power grab, warning that the legislative arm has become complicit in the erosion of democratic norms.

More damning, however, was HURIWA’s condemnation of the Supreme Court for failing to prioritize the matter.

“The Supreme Court has the final say on constitutional interpretation, but by refusing to fix a date for hearing this suit, the court is abdicating its historical duty. It is either the judiciary is too scared to confront executive lawlessness, or it has tragically lost its soul. Either way, Nigerians are the ones who will suffer,” Onwubiko said.

According to HURIWA, this is not just a Rivers State issue. “This is about the survival of democracy in Nigeria. If the President can wake up and suspend a sitting governor, his deputy, and the legislature, then no state is safe. The judiciary’s silence in this matter is tantamount to complicity.”

The group also expressed outrage at what it called the “humiliating acquiescence” of Governor Siminalayi Fubara, who, rather than defending the sanctity of his mandate, reportedly chose to beg the same President who orchestrated his unlawful removal.

“It is a national disgrace that Governor Fubara, whose constitutional tenure was illegally truncated by fiat, would allegedly turn around and go cap in hand to beg the same federal authority that violated his rights. That is not leadership; that is servitude,” HURIWA said.

The association questioned how a sitting governor, sworn to defend the Constitution, could remain silent and docile in the face of such a monumental constitutional breach. “Rather than taking a firm stand or mobilizing democratic institutions to challenge the illegality, Fubara has chosen self-preservation over constitutional principle. That cowardice must be condemned.”

HURIWA further warned that the failure of the Supreme Court to speedily hear the case sets a dangerous precedent and encourages future Presidents to undermine state autonomy at will.

“We are sliding into authoritarianism under the cloak of constitutional democracy. The judiciary must rise now or risk irrelevance,” the group stressed.

Calling on civil society, legal professionals, and democracy defenders to demand urgency from the apex court, HURIWA added: “Democracy dies not just when bad people act, but when good institutions keep quiet. The Supreme Court must stop this dangerous culture of delay, fix a date for hearing immediately, and give Nigerians clarity on what is legal and what is not.”

The association reiterated that only the courts can restore public confidence in the rule of law by providing timely interpretation and justice in matters with national consequences.

The group further urged President Tinubu to recognize that emergency power does not nullify democratic governance and appealed to Chief Justice Kekere-Ekun to demonstrate leadership by scheduling the hearing without further delay

HURIWA emphasized that failing to act strikes at the heart of Nigeria’s democracy.  “The longer this suit gathers dust on the court’s shelves, the more Nigeria bleeds from constitutional instability. We urge the Chief Justice of Nigeria to do the needful—fix a date and let the rule of law prevail,” the statement concluded.