₦airaland Forum

On Tuesday, President Bola Tinubu declared a state of emergency in Rivers following the deepening political crisis in the state.

Addressing the nation in a live broadcast, Tinubu announced the suspension of Siminalayi Fubara, the state governor; Ngozi Odu, his deputy, and all members of the Rivers assembly for six months.

The president also appointed retired Vice-Admiral Ibok-Ete Ibas as the administrator of the state.

While the declaration of a state of emergency is constitutionally backed under certain conditions stipulated under section 305 of the 1999 constitution (as amended), legal experts argue that suspending a sitting governor, deputy governor, and lawmakers is beyond the president’s constitutional powers.

There are also claims on social media that the supreme court had queried Joshua Dariye’s suspension as Plateau governor after the then-president, Olusegun Obasanjo, declared a state of emergency.

On May 18, 2004, Obasanjo declared a state of emergency in Plateau state due to violent ethnic and religious clashes.

He suspended Dariye as the state governor, and the state legislature, and appointed Chris Alli, a retired general, as the sole administrator.

Aggrieved, the Plateau government and the state house of assembly challenged the president’s actions before the supreme court in a suit marked SC. 113/2004 and filed on June 24, 2004.

VERIFICATION

DID THE SUPREME COURT VOID THE SUSPENSION OF THE PLATEAU GOVERNOR?

Amongst several issues for determination and reliefs sought, the plaintiffs had asked the court to declare Dariye’s suspension and that of the state assembly “unconstitutional, null and void as a violation of the provisions of sections 176 and 90 of the constitution of the Federal Republic of Nigeria, 1999″ which establish those organs for the government of the state.

The defendants – the attorney-general of the federation (AGF) and the national assembly – raised several objections to the suit.

In a further counter-affidavit, Alli, who was the sole administrator of Plateau during the period of the emergency, challenged the competence of the suit, adding that he never gave authority to the plaintiffs to file the suit.

“That as the officer conferred with the Executive powers to administer Plateau State I have not instructed anybody whomsoever to institute any action challenging the validity or otherwise of the constitutional exercise of powers by the President and National Assembly with regards to Plateau State,” Alli averred.

Delivering judgement on January 20, 2006, a seven-member panel of the apex court led by Muhammadu Uwais, former chief justice of Nigeria, struck out the case on jurisdictional grounds.

In the lead judgement, Idris Kutigi, one of the justices, agreed that the appointed administrator was in charge of Plateau and did not give his consent to anyone to file a suit on behalf of the state.

“My conclusion therefore is that the 1st and 2nd plaintiffs did not authorise this suit and no instruction was given for filing same at the time it was filed. Any retrospective approval given by governor Dariye is unhelpful as you cannot put something on nothing. There was therefore nothing to ratify,” Kutigi said.

“The suit having been filed without the authorization by the plaintiffs deserves one thing only. That one thing is simply to strike out the case in its entirety. The suit is hereby struck out.”

The other justices – Akintola Ejiwunmi, Niki Tobi, Dahiru Musdapher, Ignatius Acholonu, and George Oguntade – agreed with the lead judgement.

In reality, the apex court did not delve into the substance of the case to resolve the constitutionality or otherwise of Dariye’s suspension.

Reflecting on this position, Acholonu said: “The issue before us in this case raises important constitutional questions which all things being equal would have enabled this court to give a careful consideration to it”.

“It is disheartening and disturbing that a case is lost because of the inability of counsel briefed to determine or ascertain the procedural law that would enable the party complaining of infraction to have due access to the court, failing ignobly. I say no more. I adopt the judgment of my learned brother, Kutigi, JSC as mine. I too strike out the action”

VERDICT

The claim that the supreme court declared the suspension of the Plateau governor in 2004 unconstitutional is false.

NgeneUkwenu:
Ok. Fubara is gone for good!

id911:
Constitution was amended after that debacle to give clarify that the President can't do such in a democratic settings.

President can declare the SoE but can't suspend elected officials. That was why President Jonathan couldn't remove the Governors when he declared SoE in some states in the North East.

MadamExcellency:
Twisting words and drawing parallels won't work. These ones do not even know that the constitution has been amended after that for more clarity.

Ignorance and lack of coordination will erode the respect and authority of this regime that was elected with a 36% minority vote.

]In the lead judgement, Idris Kutigi, one of the justices, agreed that the appointed administrator was in charge of Plateau and did not give his consent to anyone to file a suit on behalf of the state.

Racoon:
Declaring a SOE is not unconstitutional, but the undemocratic approach used by the drug baron and certificate forging crook is the issue

MadamVanessa:



Whether he's gone or not, one thing is sure that Fubara has fought that coward Wike as a man and has refused to bow for him as a slave. Wike the idiotic emotional coward had to run to the fool at Aso rock to used his power and suspend Fubara.

Fubara na full complete man, very strong. True true south south people are not slaves are the western people that allows a idiotic certificate forger to control them like zombies.

NgeneUkwenu:
Ok. Fubara is gone for good!

What the ruling means is that: Only the Sole Administrator can authorise the Rivers State government to challenge the proclamation in court. Any other person is meddlesome interloper unknown to law...So says the supreme court!

Oya ipob obedients come and cry as usual!

Racoon:
Declaring a SOE is not unconstitutional, but the undemocratic approach used by the drug baron and certificate forging crook is the issue

NgeneUkwenu:
Ok. Fubara is gone for good!

What the ruling means is that: Only the Sole Administrator can authorise the Rivers State government to challenge the proclamation in court. Any other person is meddlesome interloper unknown to law...So says the supreme court!

Oya ipob obedients come and cry as usual!

Mynd44:
Read This
Meaning that the Supreme Court recognized the authority of the Sole Administrator

PressMyButton:
A declaration for peace and security is not recklessness, pls receive sense. And the case is not for the court to sack but to determine the constitutionality of the declaration.

MadamExcellency:
Twisting words and drawing parallels won't work. These ones do not even know that the constitution has been amended after that for more clarity.

Ignorance and lack of coordination will erode the respect and authority of this regime that was elected with a 36% minority vote.

Racoon:
Declaring a SOE is not unconstitutional, but the undemocratic approach used by the drug baron and certificate forging crook is the issue

Jorussia:
Since the day femi falana said 3 members of the house of assembly in rivers can validly legislate for rivers state on account of supposed defection of 27 members,I lost any form of respect I had for him as a lawyer.Honestly, even if the 27 members got their seats declared vacant on account of defections,the appropriate and legal thing to be done was for the NASS to takeover the functions of the rivers house of assembly since 3 can't form quorum in 31 members house.

I watched two interviews on arise tv yesterday that has made me come to the conclusion that the issue of whether the president can suspend elected governors and legislature in case of emergency rule has not been tested in the law court.Justice rtd who criticized some aspect of the supreme Court judgement on Rivers assembly case,said the limits of section 305 of the Constitution has not determined.People saying the president can't suspend the governor and legislature are relying on section 188 which is not a case during emergency.

Finally,I am 90% sure the president won't get 73 votes in the Senate to get this through.I think he should havee he informed the leadership of the NASS at least 2days before the emergency declaration.I understand the fear and concerns of the president regarding threats to disrupt oil production in Rivers,but I think the emergency rule was too hasty.

RenaissanceGuy:
How can me who's the beneficiary of lawlessness file a case in court to tell the court to sack me??

id911:
Constitution was amended after that debacle to give clarify that the President can't do such in a democratic settings.

President can declare the SoE but can't suspend elected officials. That was why President Jonathan couldn't remove the Governors when he declared SoE in some states in the North East.

Racoon:
Declaring a SOE is not unconstitutional, but the undemocratic approach used by the drug baron and certificate forging crook is the issue