The Supreme Court on Monday struck out the suit filed by Adamawa State and 10 other Peoples Democratic Party (PDP)-led states challenging the state of emergency declared by President Bola Tinubu in Rivers State.
The Atlantic Bell reports that President Tinubu, while declaring the emergency, suspended Rivers State Governor, Sir Siminalayi Fubara, his deputy, Prof. Ngozi Nma Odu, and the State House of Assembly for six months.
In a split decision of six to one, the apex court held that the plaintiffs failed to establish any cause of action capable of invoking the court’s original jurisdiction.
Delivering the lead judgment, Justice Mohammed Idris ruled that the 11 PDP states did not demonstrate the existence of any actionable dispute between them and the Federation to warrant the exercise of the Supreme Court’s original jurisdiction.
Justice Idris held that Section 305 of the Constitution, which empowers the President to declare a state of emergency, does not expressly define the nature of extraordinary measures to be taken, thereby vesting the President with discretion on how to manage such situations.
He upheld the preliminary objections raised by the Attorney-General of the Federation and the National Assembly, describing the suit as incompetent. Consequently, the court struck out the case for want of jurisdiction and proceeded to dismiss it on the merits.
However, Justice Obande Ogbuinya dissented, holding that while the President has the constitutional power to declare a state of emergency, such power does not extend to the suspension of elected state officials, including governors, deputy governors and members of the legislature.
The suit was instituted by Adamawa and 10 other PDP-controlled states to challenge the legality of the emergency rule imposed on Rivers State and the suspension of its elected officials.
