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

IMF warns Nigeria as Tinubu plans to borrow $5 billion from UAE lender
Public Affairs

Nigeria is bleeding – Punch

June 26 2026
Tinubu appoints NECO, NBTE chairmen, names poly rector, renews library DG tenure
Public Affairs

Single 6-year tenure, dangerous idea – Punch

June 23 2026
Terrorists kidnap Army Major General, wife in Katsina
Public Affairs

Another General falls – Punch

June 22 2026
Constitution Review: NASS targets Dec 25 for 1st alterations
Public Affairs

NASS jumbo pay under scrutiny, again – Punch

June 19 2026
Waste crisis in states – Punch
Public Affairs

Waste crisis in states – Punch

June 17 2026
Party primaries of discontent – Punch
Public Affairs

Party primaries of discontent – Punch

June 15 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

Bauchi Electoral Commission fixes August 17 for LG election

Bauchi Electoral Commission fixes August 17 for LG election

by The Editor
June 19 2026
0

...

Court grants indigenous status to Hausas born in Jos North

Court grants indigenous status to Hausas born in Jos North

by The Editor
June 11 2026
0

...

42-year-old Sheikh Dasuki emerges Chief Imam of Ilorin

42-year-old Sheikh Dasuki emerges Chief Imam of Ilorin

by The Editor
June 11 2026
0

...

His Royal Majesty, Obi Ifechukwude Okonjo II: Progressive Monarch fighting for his people

His Royal Majesty, Obi Ifechukwude Okonjo II: Progressive Monarch fighting for his people

by The Editor
June 4 2026
0

...

APPOINTMENTS

Sahara Group appoints Folake Soetan as Arahas MD to drive oilfield services transformation across Africa

Sahara Group appoints Folake Soetan as Arahas MD to drive oilfield services transformation across Africa

by The Editor
July 3 2026
0

...

Tinubu appoints new NUC chairman

Tinubu appoints new NUC chairman

by The Editor
June 23 2026
0

...

UK Prime Minister picks ex-army officer Dan Jarvis as new defence ministe

UK Prime Minister picks ex-army officer Dan Jarvis as new defence ministe

by The Editor
June 11 2026
0

...

NCC appoints Princess Oforitsenere Emiko as interim Chairman of the Digital Bridge Institute Governing Board

NCC appoints Princess Oforitsenere Emiko as interim Chairman of the Digital Bridge Institute Governing Board

by The Editor
June 9 2026
0

...

ODDITIES

My mother trained me selling akara, bananas – Tinubu’s aide backs First Lady’s remarks

My mother trained me selling akara, bananas – Tinubu’s aide backs First Lady’s remarks

by The Editor
June 28 2026
0

Of bandits and their informants/sponsors

Police, military, others lost 282 rifles to gunmen – Report

by The Editor
June 27 2026
0

Lagos jails 13 for illegal waste disposal

Lagos jails 13 for illegal waste disposal

by The Editor
June 23 2026
0

GLOBAL NEWS

US Supreme Court rejects ban on birthright citizenship

US Supreme Court rejects ban on birthright citizenship

by The Editor
July 1 2026
0

...

Venezuela earthquakes leave 920 dead, 50,000 missing

Venezuela earthquakes leave 920 dead, 50,000 missing

by The Editor
June 27 2026
0

...

Trump, Iran at odds over nuclear inspections, frozen assets in deal to end war

Trump, Iran at odds over nuclear inspections, frozen assets in deal to end war

by The Editor
June 23 2026
0

...

Keir Starmer announces resignation as UK Prime Minister

Keir Starmer announces resignation as UK Prime Minister

by The Editor
June 22 2026
0

...

Israel, Hezbollah agree to ceasefire

Israel, Hezbollah agree to ceasefire

by The Editor
June 19 2026
0

...

State of the States

Imo Police comb forests with drones, rescue kidnapped victim

Imo Police comb forests with drones, rescue kidnapped victim

by The Editor
June 28 2026
0

...

Sokoto mourns as three soldiers, two policemen die in IED explosion, ambush

Sokoto mourns as three soldiers, two policemen die in IED explosion, ambush

by The Editor
June 23 2026
0

...

Katsina extends automatic jobs scheme to first-class graduates

Katsina extends automatic jobs scheme to first-class graduates

by The Editor
June 22 2026
0

...

Ekiti election: Police restrict movement on Saturday, exempt exam candidates

Ekiti election: Police restrict movement on Saturday, exempt exam candidates

by The Editor
June 19 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
‘Fake’ Agency: Adeyemi insists DG appointment genuine

‘Fake’ Agency: Adeyemi insists DG appointment genuine

July 3 2026
Insecurity: It’s sad our children now pawn in deadly ransom economy – Peter Obi

Peter Obi slams FG over education crisis, blames weak leadership

July 3 2026
Dangote Refinery slashes petrol, diesel prices again

Dangote, importers battle as petrol holds above N1,000

July 3 2026
US pulls counter-terrorism troops from Nigeria

US pulls counter-terrorism troops from Nigeria

July 3 2026

EDITORIAL REVIEW

IMF warns Nigeria as Tinubu plans to borrow $5 billion from UAE lender

Nigeria is bleeding – Punch

by The Editor
June 26 2026
0

Tinubu appoints NECO, NBTE chairmen, names poly rector, renews library DG tenure

Single 6-year tenure, dangerous idea – Punch

by The Editor
June 23 2026
0

Terrorists kidnap Army Major General, wife in Katsina

Another General falls – Punch

by The Editor
June 22 2026
0

Constitution Review: NASS targets Dec 25 for 1st alterations

NASS jumbo pay under scrutiny, again – Punch

by The Editor
June 19 2026
0

Waste crisis in states – Punch

Waste crisis in states – Punch

by The Editor
June 17 2026
0

Opinion

Trump’s U-turn on Iran war ends Israel’s Middle East dream

Trump’s U-turn on Iran war ends Israel’s Middle East dream

by The Editor
June 17 2026
0

...

Terrorists kidnap Army Major General, wife in Katsina

Slain General: When the protectors need protection

by The Editor
June 17 2026
0

...

Bandits attack mosque, kill 1, abduct 9 in Kaduna

When terrorism becomes the talk of town

by The Editor
June 9 2026
0

...

Of bandits and their informants/sponsors

Of bandits and their informants/sponsors

by The Editor
June 1 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.