The Federal Government has defended its decision to declare a state of emergency in Rivers State before the Supreme Court, arguing that the move was necessary due to the collapse of governance and increasing threats to national economic infrastructure. This defense was in response to a legal challenge from 11 states, mostly governed by the opposition People’s Democratic Party (PDP), who argue that the emergency rule was unlawful.
The plaintiff states—Adamawa, Akwa Ibom, Bauchi, Bayelsa, Delta, Enugu, Osun, Oyo, Plateau, Taraba, and Zamfara—contend that the Federal Government overstepped by imposing the emergency in Rivers. However, the government rejected these claims, with Mr. Taiye Hussain Oloyede, Special Assistant to the President, filing a counter-affidavit. Oloyede, who works closely with President Bola Ahmed Tinubu and the Attorney-General of the Federation, stated, “I know the facts of this case” and emphasized that the President had no choice but to act in the interest of national stability.
The government’s affidavit highlighted a severe political crisis in Rivers State, where the governor, Similayi Fubara, was unable to work with the state House of Assembly, which was divided. With only four members loyal to the governor, the remaining 27 members opposed him. As a result, the state could not pass an Appropriation Bill, leading to a halt in governance. Additionally, the governor’s decision to demolish the House of Assembly further complicated the situation, leaving the majority of lawmakers without a place to meet.
The government also pointed to increasing violence in Rivers, including attacks on vital economic infrastructure like oil pipelines, with militants threatening those opposed to the governor. Despite efforts by President Tinubu and other respected figures to mediate the crisis, the political deadlock persisted, leading to the declaration of a state of emergency to prevent further escalation.
In defense of the emergency declaration, Oloyede argued that the President acted within constitutional bounds and was empowered to take such extraordinary measures to restore peace. He also refuted claims made by the plaintiff states regarding the procedure for declaring an emergency, asserting that the Constitution grants the President the authority to take such actions.
The National Assembly, which is also involved in the case, has filed a preliminary objection, urging the Supreme Court to dismiss the suit on procedural grounds and seeking costs of N1 billion against the plaintiffs.
The PDP governors are seeking clarification from the Supreme Court on whether the President can suspend or interfere with the offices of state governors or their legislatures through emergency declarations, arguing that such actions violate the principles of constitutional federalism and sections of the 1999 Constitution.