TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Emergency: Supreme Court ruling assaults federalism – Punch

The Editor by The Editor
December 26 2025
in Public Affairs
A A
0
Sole administrator confirms release of withheld Rivers LG allocations

Sole Administrator of Rivers State, Vice-Admiral Ibok-Ete Ibas (retd.)

The Supreme Court’s unfathomable delay in determining original jurisdiction and the locus standi of plaintiffs contesting the legality of the state of emergency declared in Rivers State and the consequent suspension of elected officials constitutes an incalculable setback for the country’s stunted federalism.

In an enterprise where 24 hours is a long time, the Supreme Court’s nine-month delay has needlessly altered the democratic and federalist landscape in Nigeria.

Therefore, the trial ended as an academic exercise, with the res now dead and buried.

Citing a breakdown of law and order, President Bola Tinubu declared an emergency rule in Rivers on March 18 for six months. The President suspended the governor, Siminalayi Fubara, his deputy, Ngozi Odu and the state lawmakers and appointed a retired naval admiral, Ibok-Ete Ibas, as sole administrator.

Eleven governors filed a case challenging this on April 8 – about three weeks after the declaration. The Supreme Court reserved judgement in the case after hearing it on 21 October and pronounced judgement on December 15.

In its split 6-1 majority ruling, the Court held that the 11 governors (plaintiffs) did not have the locus standi to file the case because “none of the Plaintiffs represents Rivers State, and neither did they establish any authority to litigate on its behalf.” This is a technical avoidance of responsibility.

The plaintiffs intended to seek the Supreme Court’s interpretation of Section 305, and that the President acted in error by declaring a state of emergency in Rivers in contravention of the Constitution and suspending elected leaders.

They also sought a shield from the highest court so that they would not suffer the same fate in the future, especially as opposition governors.

Their lordships’ delay in handling the case created uncertainties that changed the political landscape countrywide. Some of the plaintiffs had left the PDP under which they filed the suit, while the Rivers elected leaders, including Fubara, had defected to the ruling APC.

The Rivers emergency rule issue is a sensitive national matter that holds precedent for the country’s democracy and federalism.

In a crucial matter of this magnitude, judicial activism is required. Their lordships should have allowed an amendment to the prayers of the plaintiffs that would allow them to join the governor of Rivers and other relevant officials in the suit in the national interest.

Without a doubt, if their lordships had given the matter expeditious hearing within the six-month emergency period, there would have been time for the elected officials who have locus standi to file the case to do so and get justice.

The Supreme Court’s ruling, coming at a time when Nigeria is drifting towards a one-party state and the President enjoys apparent omnibus powers, is dangerous.

The President is already regarded as one of the most powerful in the world. He appoints the police IG, the Service Chiefs, the DGs of the SSS, NIA, EFCC, Civil Defence, FRSC, INEC, Prisons, Immigration, Customs, CBN and other critical office holders.

Nigerian courts are notorious for delivering confusing rulings in cases of the same status.

For instance, when Tinubu took the centre to court for seizing LG funds in Lagos, the Supreme Court ruled that the centre was wrong and ordered that the seized allocations be released. The precedent was blatantly ignored by the same Supreme Court in the recent case in Osun State.

While analysing the essence of Section 305 and other sections relevant to the case, the justices were strangely silent on the specific “extraordinary measures” the President may undertake under an emergency rule.

This covert affirmation of the powers of the President further expands the perceived overreach and makes him a tyrant and a dictator. Here, Lord Acton’s timeless assertion that “power tends to corrupt and absolute power corrupts absolutely” is pregnant with meaning.

Worse, if the country has an unreasonable president in the future, constitutional democracy will be imperilled.

The three arms of government have failed Nigeria, particularly with their involvement in the Rivers case.

While there was no justifiable reason for declaring emergency rule and suspending elected leaders by the President, the National Assembly sided with him to give teeth to the constitutional aberration. The Supreme Court has just stamped the anomaly with its judicial imprimatur.

In classical federalism, the centre and the federating units should exercise powers as constitutionally enshrined. The President cannot suspend elected leaders under whatever circumstances; discretion or “extraordinary measures” simply do not apply.

There is a precedent the Court should have followed. Goodluck Jonathan declared emergency rule in Adamawa, Borno and Yobe states in 2014 but retained the governors and the parliaments.

The CJN, Kudirat Kekere-Ekun, must salvage the judiciary. Some of the rulings of the courts under her watch leave so many gaps that can be exploited by politicians to undermine constitutional rule.

Previous Post

Amorim blocks January window exit for Man Utd players

Next Post

Somalis vote in Mogadishu’s first local election in 56 years

Related Posts

EFCC recoveries: The good, the bad and the ugly – Punch
Public Affairs

EFCC recoveries: The good, the bad and the ugly – Punch

September 11 2026
Football’s house of failure – Punch
Public Affairs

Football’s house of failure – Punch

September 8 2026
FAAC shares N2.09tr to FG, states, local councils as October revenue
Public Affairs

FAAC bonanza: Nigeria’s fiscal paradox – Punch

September 3 2026
Interstate highways of agony, hollow excuses – Punch
Public Affairs

Interstate highways of agony, hollow excuses – Punch

September 1 2026
Mass presence of governors in off-cycle elections – Punch
Public Affairs

Mass presence of governors in off-cycle elections – Punch

August 27 2026
Clerics must preach peace, not division – Punch
Public Affairs

Clerics must preach peace, not division – Punch

August 25 2026
Next Post
Somalis vote in Mogadishu’s first local election in 56 years

Somalis vote in Mogadishu’s first local election in 56 years

SGF George Akume marries Ooni’s ex-Queen Zaynab

SGF George Akume marries Ooni’s ex-Queen Zaynab

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

by The Editor
August 24 2026
0

...

APPOINTMENTS

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

Tinubu names new Head of Service

Tinubu names new Head of Service

by The Editor
August 19 2026
0

...

ODDITIES

Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

by The Editor
September 3 2026
0

How friend deceived me to sell my kidney, bought phones with payment — Victim

How friend deceived me to sell my kidney, bought phones with payment — Victim

by The Editor
August 30 2026
0

Umahi files N2.5b defamation lawsuit against bloggers

Umahi files N2.5b defamation lawsuit against bloggers

by The Editor
August 26 2026
0

GLOBAL NEWS

US, Israel, Iran agree to 2-week ceasefire as Trump pulls back on threats

US Appeal Court affirms block on Trump bid to curb mail-in ballots

by The Editor
September 11 2026
0

...

Trump promises Americans $5,000 if Republicans win Congress

Trump promises Americans $5,000 if Republicans win Congress

by The Editor
September 11 2026
0

...

UK bans trade in goods from Israeli settlements in occupied West Bank

UK bans trade in goods from Israeli settlements in occupied West Bank

by The Editor
September 8 2026
0

...

Iran President thanks Putin for Russia’s stance in war with US

Iran President thanks Putin for Russia’s stance in war with US

by The Editor
September 1 2026
0

...

Saudi Arabia halts multiple visas for Nigeria, 13 others as U.S. suspends visa dropbox

US outlines two family visa options for permanent residence

by The Editor
September 1 2026
0

...

State of the States

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

by The Editor
September 2 2026
0

...

Gov. Mutfwang convenes security council over Plateau attacks

Gov. Mutfwang convenes security council over Plateau attacks

by The Editor
September 2 2026
0

...

Enugu govt gets commendation for successful hosting of 2nd City Marathon

Enugu govt gets commendation for successful hosting of 2nd City Marathon

by The Editor
September 1 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

September 11 2026
NCDC takes over Nasarawa office, plans N400m remodeling

NCDC takes over Nasarawa office, plans N400m remodeling

September 11 2026
Ondo LG shuts schools over security concerns

24 die after consuming herbal drinks in Ondo

September 11 2026
Gunmen kill Polaris Bank manager in Imo kidnapping attack

Gunmen kill Polaris Bank manager in Imo kidnapping attack

September 11 2026

EDITORIAL REVIEW

EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

by The Editor
September 11 2026
0

Football’s house of failure – Punch

Football’s house of failure – Punch

by The Editor
September 8 2026
0

FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC bonanza: Nigeria’s fiscal paradox – Punch

by The Editor
September 3 2026
0

Interstate highways of agony, hollow excuses – Punch

Interstate highways of agony, hollow excuses – Punch

by The Editor
September 1 2026
0

Mass presence of governors in off-cycle elections – Punch

Mass presence of governors in off-cycle elections – Punch

by The Editor
August 27 2026
0

Opinion

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Adeleke’s win and the cost of winning at all costs

Adeleke’s win and the cost of winning at all costs

by The Editor
August 18 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.