posted 10th April 2025
Supreme Court of Nigeria to Rule on Legality of Rivers State Emergency, Governor’s Suspension
Abuja, Nigeria – 10 April 2025: The Supreme Court of Nigeria is set to deliver a landmark judgment on the contentious declaration of a state of emergency in Rivers State, the suspension of Governor Siminalayi Fubara, and the alleged return of military rule in the state. The case, described as a critical test for Nigeria’s judiciary, has drawn widespread attention amid concerns over constitutional governance and federal overreach.
A legal document circulating online, marked as a copy from the Supreme Court registry in Abuja, reveals that the case involves multiple plaintiffs, including the Attorney General of Adamawa State, Akwa Ibom State, Bayelsa State, Delta State, Edo State, Enugu State, Oyo State, Plateau State, Taraba State, and Zamfara State. These states have joined forces with the Attorney General of the Federation to challenge the actions taken by the National Assembly.
The originating summons, lists the Attorney General of the Federation and the National Assembly as defendants. The plaintiffs seek the court’s interpretation of several constitutional provisions, including Sections 1(2), 4(6), 5(2), 6(6)(A & B), 11(4 & 5), 90, 105, 176, 182, 323, and 305 of the Constitution of the Federal Republic of Nigeria 1999, as well as Section 3(1) of the Supreme Court Additional Original Jurisdiction Act No. 3 of 2002. Additionally, they reference Order Rules 2 & 6 of the Supreme Court Rules 2024 and the inherent jurisdiction of the court.
Among the key questions posed to the Supreme Court is whether the National Assembly’s declaration of a state of emergency in Rivers State, alongside the suspension of Governor Fubara via a voice vote, complies with constitutional requirements. The plaintiffs also seek clarification on whether such actions infringe upon the office of the governor and the rights of Rivers State citizens to lawful governance. Another critical issue is whether the Assembly’s actions effectively reintroduce military rule in the state, a move that could undermine Nigeria’s democratic framework.
The summons, stamped and received by the Supreme Court registry in Abuja on 9 April 2025, instructs the defendants to respond within 14 days. It lists the address for service as the Ministry of Justice in Abuja for the Attorney General of the Federation and the National Assembly Complex in Three Arms Zone, Abuja, for the National Assembly.
Legal analyst and former Chairman of Nigeria’s National Human Rights Commission, Professor Chidi Odinkalu, commented on the case via social media, stating: “The legality of #StateOfEmergency in Rivers State, the suspension of @SimFubaraKSC thro a voice vote in @nassnigeria, & the return of military rule in the state is now finally before @SupremeCourtNg. It is an opportunity that the Court can take or choose to squander.”
The case has sparked intense debate across Nigeria, with many viewing it as a pivotal moment for the judiciary to assert its independence and uphold the rule of law. Observers note that the outcome could have far-reaching implications for federal-state relations and the balance of power in Nigeria’s democracy.
The Supreme Court has yet to announce a date for the hearing, but legal experts anticipate a swift process given the urgency of the matter. As the nation awaits the court’s decision, all eyes are on whether Nigeria’s apex court will seize this opportunity to reinforce constitutional governance or risk further eroding public confidence in the judiciary.
