The Supreme Court on Monday dismissed a suit filed by 11 states challenging what they described as President Bola Tinubu’s unconstitutional actions in Rivers State.
The states, controlled by the opposition Peoples Democratic Party (PDP) through their attorneys-general, questioned President Tinubu’s statutory powers to suspend a serving governor following the proclamation of emergency rule.
They asked the apex court to declare that, under sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended), the president “has no powers whatsoever or vires to suspend a democratically elected governor and deputy governor of a state in the federation of Nigeria under the guise of or pursuant to the proclamation of a state of emergency in the state of the federation by the president, including the states of the federation represented by the plaintiffs.”
The plaintiffs also sought a declaration that President Tinubu had no authority to suspend a state House of Assembly under Sections 192 (4) (6) and 305 of the Constitution. They further claimed that the suspension of Governor Siminalaye Fubara, his deputy, and members of the Rivers State Assembly was unconstitutional, unlawful, illegal, and “utterly in gross violation of provisions of the 1999 Constitution, as amended.”
Cited as the 1st and 2nd defendants were the Attorney General of the Federation (AGF) and the National Assembly (NASS).
On Monday, a seven-man panel of Supreme Court Justices, in a split decision of six to one, struck out the case for lack of competence.
The majority ruling held that the plaintiffs failed to establish a cause of action that would activate the court’s original jurisdiction.
Justice Mohammed Idris, delivering the lead judgement, noted that the states could not show an actionable dispute with the federation that would require the Supreme Court to act as a court of first instance.
He explained that the apex court can only adjudicate as a first-instance court where there is a dispute between the federation and a state. The subject of this litigation did not meet that criterion.
It is recalled that the panel, led by Justice Inyang Okoro, had reserved judgment on October 21 after all parties submitted their briefs. Delta State, initially listed as the 5th plaintiff, withdrew following Governor Sheriff Oborevwori’s defection from the PDP to the ruling APC.
Other states involved were Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Taraba, Zamfara, and Bayelsa. Some governors of these states have since also left the PDP.
Mr Eyitayo Jegede, SAN, representing the plaintiffs, said the suit did not challenge the president’s power to proclaim a state of emergency but “the extent to which the proclamation can be made to affect the offices of the governor, deputy governor, and the State House of Assembly.”
The AGF argued that President Tinubu acted in the overall interest of Rivers State, which was engulfed in a political crisis involving the governor, deputy governor, and lawmakers.
“No responsible government would sit back and allow the state to burn without taking any action,” Fagbemi, SAN, said, adding that the suspensions “was an extraordinary measure to check an extraordinary situation.”
He further stated, “My lords, the president had to act and act fast to safeguard the state. The starting point is the judgement of the Supreme Court, wherein your lordships held that as things were at that time, there was no government and governance in Rivers State. Therefore, the president had no choice but to act in the best interest of the state. What he did was to suspend the protagonists, not remove them. Rivers was in an extraordinary situation, and that required taking extraordinary measures to restore peace and protect democracy.”
The NASS supported this position, urging the court to dismiss the suit as frivolous. They argued the plaintiffs failed to meet conditions precedent, including the required three-month pre-action notice under Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017, and requested N1 billion in costs against the plaintiffs.
The seven-man panel included Justices Chioma Nwosu-Iheme, Haruna Tsammani, Obarinde Ogbuinya, Stephen Adah, Habeeb Abiru, and Mohammed Idris.
It is recalled that President Tinubu declared a state of emergency in Rivers State on March 18, suspending Governor Fubara, his deputy, and lawmakers for six months, appointing Vice Admiral Ibok-Ete Ibas as Sole Administrator. The action received backing from both chambers of the National Assembly.
Dissatisfied, the PDP-controlled states filed the suit that was struck out on Monday.