A former Attorney General and Justice Commission- er in Oyo state, Mutalib O. Adebayo, has clarified that the Supreme Court’s pronouncement on the emergency rule in Rivers State was a final judgement, and not a mere procedural ruling.
The Senior Advocate of Nigeria (SAN) made this known during an interview on Eagle 102.5FM, Ilese Ijebu, monitored Tuesday, on the landmark Supreme Court decision affirming the President’s constitutional authority to declare a state of emergency.
President Bola Ahmed Tinubu had on Tuesday, 18 March, 2025 declared a state of emergency in Rivers State, suspending the governor, deputy governor, and the State House of Assembly for six months, while appointing an administrator, Vice Admiral Ibok Ibadan (Rtd).
The President cited Section 305 of the 1999 Constitution to justify his action. The Supreme Court has declared on Monday that the president did have the authority to declare the state of emergency.
Reacting to whether the President has the authority to declare the state of emergency and suspect the Governor Siminalayi Fubara , the Deputy and the House of Assembly, Adebayo said, “Let me cor- rect a wrong impression. What the Supreme Court delivered was a final judgement.
The issue of whether the President has the power to declare a state of emergency is already settled beyond doubt.” He explained that the suit filed by 11 Peoples Democratic Party-controlled states was not primarily about the President’s power to declare an emergency, but whether such a declaration allows the suspension of democratically elected officials.
“The plaintiffs were clear. They did not challenge the power to declare a state of emergency. Their contention was whether the President can go further to suspend a governor, deputy governor, and lawmakers who derive their mandate directly from the people.”
Adebayo noted that although the court first addressed jurisdictional issues, it went ahead to pronounce on the substance of the matter.
“Even after holding that the states lacked the locus to invoke the Supreme Court’s original jurisdiction, he court still treated the case on its merits and reaffirmed that the President has the constitutional power, including the power to suspend elected officials during a genuine emergency.”
Drawing historical parallels, the SAN cited previous emergency declarations in Plateau State under President Olusegun Obasanjo and earlier military-era precedents, arguing that the Rivers situation was unique. “You cannot compare apples and oranges. In Rivers State, governance had collapsed.
