Rivers State, emergency and Supreme Court’s shame, By Emmanuel Onwubiko

Around Thursday, 20 March 2025, it was reported that both chambers of the National Assembly had unanimously approved the State of Emergency declared on Rivers State by President Bola Tinubu earlier that week.

The media informed us that the  House of Representatives approved the declaration through voice voting by the 243 members in attendance.

The approval was done with key amendments, including a provision mandating the appointed Sole Administrator to report directly to the National Assembly rather than the Federal Executive Council (FEC).

The lawmakers cited Section 11, Subsection 4 of the Constitution as the basis for this adjustment.

The Senate approved the State of Emergency under section 60 {305(ii)} and parts of its Standing Rules, following a closed-door session.

The upper chamber of the National Assembly said the emergency rule would bring peace and resolve the crisis in Rivers State.

The Senate also urged President Bola Tinubu to ensure that the declaration be reviewed and terminated at any given time, not later than six months.

The upper chamber, relying on  Section 11(4) of the 1999 Constitution (as amended), resolved to set up a joint committee to oversee the administration of Rivers State legislature and a select group of eminent Nigerians to reconcile the warring parties in the state.

President Bola Tinubu declared emergency rule in Rivers days earlier, citing a breakdown of law and order.

He appointed Vice Admiral Ibok-Ette Ibas (rtd) to administer the state for six months.

The position of this commentator is that the emergency declaration is absolutely unlawful given that the President can not legally unseat a governor who has a constitutionally protected tenure.

Besides, the appointment of a military sole administrator in a democracy is also a serious violation of the Constitution which specifically directs that the form of government in Nigeria recognised by the Supreme law is democracy since the people are rightly the owners of the sovereignty of Nigeria and that government officials derive their legitimacy to exercise authority from the people.

From all indications and dimensions that the state of emergency declared by the Nigerian current President is looked at, the emergency declaration suffers terribly from crisis of legitimacy and legality.

Little wonder then that a total of 11 governors of the Peoples Democratic Party had also as soon as the announcement of emergency declaration was made, approached the Supreme Court challenging what powers President Bola Tinubu has to suspend a democratically elected structure of a state.

The suit filed by the governors also challenges the declaration of a state of emergency rule in Rivers State.

While the media previously reported that the suit had been filed before the Supreme Court, the governor’s suit was actually only filed before the apex court on Tuesday.

This was exclusively confirmed to The PUNCH by the Director of Information and Public Relations of the Supreme Court, Dr Festus Akande.

President Bola Tinubu had on March 18 declared a state of emergency in Rivers State and suspended Governor Siminalayi Fubara, the state deputy governor, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial period of six months.

Following the suspension, President Tinubu appointed Vice Admiral Ibok Ete Ibas (retd.) as the sole administrator to oversee the affairs of Rivers State pending the period of the suspension.

Meanwhile, the legislature at the National Assembly, on their part supported the President’s decision to implement the suspension.

What has played out in Rivers state in the last six months is the undermining of the democratic principles enshrined in the constitution of Nigeria.

Then again, what the Rivers state’s scenario has manifested is the reality of a notorious state capture by the Executive arm of government because as the facts have been made known, both the National Assembly and the Supreme Court have actively participated in this show of shame to the consternation of right thinking members of the society. The World has watched this show of shame with unprecedented amazement and shock.

The National Assembly did not hide the fact that the legislators are in the conspiratorial plots to derail democracy in Rivers state. The judiciary through the Supreme Court has also passed a clear message to Nigerians that it is not willing or ready to hear the suit challenging the state of emergency declaration.

For several months since the matter was filed before the justices of the Supreme Court, that so-called apex court of law have behaved like bootlickers of President Bola Ahmed Tinubu because the justices do not want to overrule President Tinubu on the illegal staye of emergency in Rivers State.

It got to a point that even the very eminent lawyers are expressing their opinions concerning the undue delay by the Supreme Court to hear and decide the suit challenging the emergency declaration in Rivers state.

The Chairman of the Council of Legal Education, Chief Emeka Ngige (SAN), on his part called on the Supreme Court to fast-track the hearing of the suit filed by 11 state governments challenging President Bola Tinubu’s declaration of emergency rule in Rivers State.

Delivering a paper at the 2025 Annual General Conference of the Nigerian Bar Association (NBA) in Enugu, Ngige called on the Supreme Court to expedite action on the suit.

Ngige noted that the matter, having been fully joined by parties, is ripe for hearing.
“This case touches on the rule of law, democracy, and the rights of the Rivers people to be governed by an elected government. It is of utmost importance that the Supreme Court immediately schedules a hearing, even during vacation, so the matter can be resolved on the merits,” Ngige stressed.

He urged the Supreme Court to fast-track proceedings, given that the six-month emergency rule expires on September 18, 2025.
“It is immaterial whether the state of emergency will be renewed or not. The case touches on the rule of law, democracy, and the rights of Rivers people to be governed by a democratically elected state government,” he argued.
Citing Article 13(1) of the African Charter on Human and Peoples’ Rights, Ngige maintained that citizens have the right to participate in government through freely chosen representatives, not imposed administrators.

He warned that delay could render the case academic, recalling the Supreme Court’s handling of Plateau State of Nigeria & Anor v. Attorney-General of the Federation & Anor (2006), where substantive issues were left unresolved.
“The Supreme Court must immediately schedule a hearing, even during the vacation, to resolve this crisis. The stability of our democracy demands nothing less,” he declared.

Conclusively, I think the failure of the Supreme Court to hear the matter challenging the emergency declaration in Rivers state is shameful and reprehensible. It is just two weeks to the end of the 6 months long  emergency but yet the Supreme Court has refused to begin hearing the legal suit demanding that the emergency declaration be voided. Justice delayed is justice denied.

*EMMANUEL NNADOZIE ONWUBIKO is the founder of the HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA and was NATIONAL COMMISSIONER OF THE NATIONAL HUMAN RIGHTS COMMISSION OF NIGERIA.