₦airaland Forum

My attention has just been drawn to the Suit filed by Governors of PDP challenging the declaration of state of emergency in Rivers State. The Suit marked as Suit No: SC/CV/329/2025: ATTORNEY GENERAL OF ADAMAWA STATE & ORS v ATTORNEY GENERAL OF THE FEDERATION & ANOR seeks the Supreme Court to nullify the State of Emergency (SoE) declared by President Bola Ahmed Tinubu.

This matter is now sub judice so, no one can predict its outcome: but let me give us a background of the state of the law in relation to that suit by the PDP Governors.

In law, there is what we call judicial precedent, also known as stare decisis, meaning "to stand by things decided" and dictates that courts should follow prior rulings in similar cases, forming the foundation of our legal jurisprudence. The situation we have in Rivers State is the same with what we had in Plateau State in 2004. I do not mean that the underlying facts for the declaration of SoE in Rivers State were the same with Plateau State. No. I meant that in both situations, the Governors and Members of the House of Assembly were suspended and Military Administrator appointed to oversee the affairs of the State.

After the declaration of SoE in Plateau State, a suit was instituted at the Supreme Court against the Attorney General of the Federation (AGF) and the National Assembly (NASS) challenging the suspension of Governor Dariye and members of the Plateau State House of Assembly. A preliminary objection was filed by the AGF and NASS. A preliminary objection is a legal argument raised at the beginning of a case by the opposing party, often challenging the court's jurisdiction or the competence of the suit. One of the grounds of the preliminary objection filed the AGF and NASS in the Plateau State case was that THE SUIT WAS NOT AUTHORISED BY THE SOLE ADMINISTRATOR OF PLATEAU STATE. The Court agreed with the AGF and NASS that as at 24/6/2004 when the plaintiffs filed the suit, only the Sole Administrator could have authorized the filing of the suit on behalf of the Plateau State of Nigeria. In the suit filed by the PDP Governors, even the Sole Administrator or Attorney General of Rivers State was not even a party. Whatever you make of this observation is entirely yours.

The Supreme Court also held that THE SUIT SEEKS RELIEFS FOR INDIVIDUALS WHO ARE NOT PARTIES TO THE CASE AND WHO HAVE NO COMPETENCE TO MAINTAIN THE ACTION. The Supreme court has no original jurisdiction in respect of claims or reliefs for individual persons by virtue of the provisions of Section 232(1) of the Constitution. The reliefs sought were for the personal benefits of Governor Dariye and members of the Plateau State House of Assembly, who were not even parties to the suit and thus the suit cannot activate the original jurisdiction of the Supreme Court. In this same suit filed by the PDP Governors, the reliefs sought are for the personal benefits of Gov. Siminalayi Fubara. The question is: does the Supreme Court have jurisdiction to entertain personal benefits? I also leave you to make your personal conclusions.

By the doctrine of judicial precedent, the judgment of the Supreme Court binds the Supreme Court. In the light of the above explanation, I make the following observations:
1. The PDP Governors lack the locus to file the suit at the Supreme Court.
2. Only the Sole Administrator of Rivers State can can authorize the filing of such suit.
3. The suit seeks personal reliefs for the benefit of Suspended Governor Siminalayi Fubara, and he is not even a party to the suit.
4. It is abundantly clear that the Supreme Court does not have jurisdiction to determine the suit filed the PDP Governors.

This legal opinion is offered in the light of the Supreme Court decision in Plateau State Of Nigeria & Anor. V. Attorney-General of the Federation & Anor which is similar and/or the same with the suit now filed by the PDP Governors. I will keep a tab on this case to see how it pans out.

In the meantime, I ask: why do Governors suspended during a State of Emergency fail and/or neglect to file the suit themselves? If they refuse to, can anybody cry more than the bereaved? Interesting times ahead indeed!


Godspower Egbule.
Writes from Rivers State

I'm not a lawyer but two things I can point for you are:
1) it's only supreme that has the power to overrite herself.
2) the way and manner nass voted for the declaration maybe null and void.

onlyhandsome202:
My attention has just been drawn to the Suit filed by Governors of PDP challenging the declaration of state of emergency in Rivers State. The Suit marked as Suit No: SC/CV/329/2025: ATTORNEY GENERAL OF ADAMAWA STATE & ORS v ATTORNEY GENERAL OF THE FEDERATION & ANOR seeks the Supreme Court to nullify the State of Emergency (SoE) declared by President Bola Ahmed Tinubu.

This matter is now sub judice so, no one can predict its outcome: but let me give us a background of the state of the law in relation to that suit by the PDP Governors.

In law, there is what we call judicial precedent, also known as stare decisis, meaning "to stand by things decided" and dictates that courts should follow prior rulings in similar cases, forming the foundation of our legal jurisprudence. The situation we have in Rivers State is the same with what we had in Plateau State in 2004. I do not mean that the underlying facts for the declaration of SoE in Rivers State were the same with Plateau State. No. I meant that in both situations, the Governors and Members of the House of Assembly were suspended and Military Administrator appointed to oversee the affairs of the State.

After the declaration of SoE in Plateau State, a suit was instituted at the Supreme Court against the Attorney General of the Federation (AGF) and the National Assembly (NASS) challenging the suspension of Governor Dariye and members of the Plateau State House of Assembly. A preliminary objection was filed by the AGF and NASS. A preliminary objection is a legal argument raised at the beginning of a case by the opposing party, often challenging the court's jurisdiction or the competence of the suit. One of the grounds of the preliminary objection filed the AGF and NASS in the Plateau State case was that THE SUIT WAS NOT AUTHORISED BY THE SOLE ADMINISTRATOR OF PLATEAU STATE. The Court agreed with the AGF and NASS that as at 24/6/2004 when the plaintiffs filed the suit, only the Sole Administrator could have authorized the filing of the suit on behalf of the Plateau State of Nigeria. In the suit filed by the PDP Governors, even the Sole Administrator or Attorney General of Rivers State was not even a party. Whatever you make of this observation is entirely yours.

The Supreme Court also held that THE SUIT SEEKS RELIEFS FOR INDIVIDUALS WHO ARE NOT PARTIES TO THE CASE AND WHO HAVE NO COMPETENCE TO MAINTAIN THE ACTION. The Supreme court has no original jurisdiction in respect of claims or reliefs for individual persons by virtue of the provisions of Section 232(1) of the Constitution. The reliefs sought were for the personal benefits of Governor Dariye and members of the Plateau State House of Assembly, who were not even parties to the suit and thus the suit cannot activate the original jurisdiction of the Supreme Court. In this same suit filed by the PDP Governors, the reliefs sought are for the personal benefits of Gov. Siminalayi Fubara. The question is: does the Supreme Court have jurisdiction to entertain personal benefits? I also leave you to make your personal conclusions.

By the doctrine of judicial precedent, the judgment of the Supreme Court binds the Supreme Court. In the light of the above explanation, I make the following observations:
1. The PDP Governors lack the locus to file the suit at the Supreme Court.
2. Only the Sole Administrator of Rivers State can can authorize the filing of such suit.
3. The suit seeks personal reliefs for the benefit of Suspended Governor Siminalayi Fubara, and he is not even a party to the suit.
4. It is abundantly clear that the Supreme Court does not have jurisdiction to determine the suit filed the PDP Governors.

This legal opinion is offered in the light of the Supreme Court decision in Plateau State Of Nigeria & Anor. V. Attorney-General of the Federation & Anor which is similar and/or the same with the suit now filed by the PDP Governors. I will keep a tab on this case to see how it pans out.

In the meantime, I ask: why do Governors suspended during a State of Emergency fail and/or neglect to file the suit themselves? If they refuse to, can anybody cry more than the bereaved? Interesting times ahead indeed!


Godspower Egbule.
Writes from Rivers State

So, we’re expecting the sole administrator to challenge a case from which he directly benefits? That’s completely unrealistic. We weaken the rule of law when we rely on questionable precedents and make empty references.

Anyone even you have the right to challenge the SOE. Let the Supreme Court decide and, if need be, dismiss the suit. Just because something happened in Plateau State doesn’t automatically make it right or lawful.

1. The only reason why Fubara has opted not to file by himself is that he has to start from the Federal High Court.
And since he knows that the courts are largely in the pockets of some individuals, he knows that the case will be dragged on for over 6 months.
In other words it will drag on till his suspension in over.

2. I think it is nonsense to expect the Sole Administrator to give permission to sue.
The Supreme Court can go ahead and give a judicial interpretation on any constitution matter, even if it is filed by a mad man on the streets.
If the Governors seek a judicial interpretation then it should be granted since there is the possible of them being affected in the future.

3. The whole case doesn't even need to go to court. Any person with sound knowledge can read the constant and understand it to a very reasonable extent.
A President has no power to remove or suspend a governor. I don't need to be a lawyer to understand it.

4. The President cannot swear in a Sole Administrator even before the parliament gives an approval. That was another aberration.

5. The Houses of Senate and Representatives cannot use a voice vote to determine a constitutional requirement which requires specific numbers. It is an insult to our sensibilities and has made us a laughing stock to the international committee and to all who were viewing proceedings in TV that day.

6. Almost everything the illegal administrator has done so far have been illegalities. Like receiving spending state allocation, removing personnels on statutory appointments, appointing another level of LG administrators in the name of sole administrators.


I

gare:
So, we’re expecting the sole administrator to challenge a case from which he directly benefits? That’s completely unrealistic. We weaken the rule of law when we rely on questionable precedents and make empty references.

Anyone even you have the right to challenge the SOE. Let the Supreme Court decide and, if need be, dismiss the suit. Just because something happened in Plateau State doesn’t automatically make it right or lawful.

👍

The Supreme Court has already decided with judgements leaked to the purveyor of this write up as in edo Guber tribunal so in this Supreme Court case involving SOE in Rivers state.

First of all, I agree that for the sake of posterity, people like Fubara should sue the FG and AGF even though we know the case will drag on beyond his suspension period. There lies his debacle. It will be bad optics for him to personally sue the FG based on actions taken by the President. If it had been his state that sued, it will make more sense.

The case of Plateau is different. In the case of Plateau, it was Dariye and his AGF that sued. In this case, it is other states that are suing and the SC has jurisdiction in matters of dispute between states or conflict over interpretation of the constitution

Most importantly, this present SC has overreached in multiple cases brought before it. First is the case on LG autonomy. The FG ordinarily does not have locus on LG matters but the SC ruled that it does. Same with the issue of defection of the RSHA members. That case was not before the SC yet it ruled on it. Note that in both cases, this SC overruled precedents even without necessarily referencing them.

So it will be interesting to see this SC turn around to hide under jurisdiction or locus this time around. It will all but confirm the strong suspicion that they are not independent after all

The Major Problem we have in Nigeria is Interpretation and Most of us believe we know a lot but we know Nothing and when it goes against us we Blackmail using social media thereby causing unnecessary tension because we know not as we ought to know.
The law has stated everything and cleared everything, so emergency Political Analyst make una rest.
What if this SOE turns out to favored Fubara more than you ever imagine, what if the Government is trying to settle the differences from the root, what if the Federal Government is trying to give fubara upper hand and power he deserves as against speculations.
Please let's calm down and reason well.

Xammie001:
The Major Problem we have in Nigeria is Interpretation and Most of us believe we know a lot but we know Nothing and when it goes against us we Blackmail using social media thereby causing unnecessary tension because we know not as we ought to know.
The law has stated everything and cleared everything, so emergency Political Analyst make una rest.
What if this SOE turns out to favored Fubara more than you ever imagine, what if the Government is trying to settle the differences from the root, what if the Federal Government is trying to give fubara upper hand and power he deserves as against speculations.
Please let's calm down and reason well.

PDP is asking the supreme Court to interpret and tell us if Tinubu did the right thing

mrvitalis:
PDP is asking the supreme Court to interpret and tell us if Tinubu did the right thing

That's not what they are asking sir, read to understand and not to comment sir

onlyhandsome202:
My attention has just been drawn to the Suit filed by Governors of PDP challenging the declaration of state of emergency in Rivers State. The Suit marked as Suit No: SC/CV/329/2025: ATTORNEY GENERAL OF ADAMAWA STATE & ORS v ATTORNEY GENERAL OF THE FEDERATION & ANOR seeks the Supreme Court to nullify the State of Emergency (SoE) declared by President Bola Ahmed Tinubu.

This matter is now sub judice so, no one can predict its outcome: but let me give us a background of the state of the law in relation to that suit by the PDP Governors.

In law, there is what we call judicial precedent, also known as stare decisis, meaning "to stand by things decided" and dictates that courts should follow prior rulings in similar cases, forming the foundation of our legal jurisprudence. The situation we have in Rivers State is the same with what we had in Plateau State in 2004. I do not mean that the underlying facts for the declaration of SoE in Rivers State were the same with Plateau State. No. I meant that in both situations, the Governors and Members of the House of Assembly were suspended and Military Administrator appointed to oversee the affairs of the State.

After the declaration of SoE in Plateau State, a suit was instituted at the Supreme Court against the Attorney General of the Federation (AGF) and the National Assembly (NASS) challenging the suspension of Governor Dariye and members of the Plateau State House of Assembly. A preliminary objection was filed by the AGF and NASS. A preliminary objection is a legal argument raised at the beginning of a case by the opposing party, often challenging the court's jurisdiction or the competence of the suit. One of the grounds of the preliminary objection filed the AGF and NASS in the Plateau State case was that THE SUIT WAS NOT AUTHORISED BY THE SOLE ADMINISTRATOR OF PLATEAU STATE. The Court agreed with the AGF and NASS that as at 24/6/2004 when the plaintiffs filed the suit, only the Sole Administrator could have authorized the filing of the suit on behalf of the Plateau State of Nigeria. In the suit filed by the PDP Governors, even the Sole Administrator or Attorney General of Rivers State was not even a party. Whatever you make of this observation is entirely yours.

The Supreme Court also held that THE SUIT SEEKS RELIEFS FOR INDIVIDUALS WHO ARE NOT PARTIES TO THE CASE AND WHO HAVE NO COMPETENCE TO MAINTAIN THE ACTION. The Supreme court has no original jurisdiction in respect of claims or reliefs for individual persons by virtue of the provisions of Section 232(1) of the Constitution. The reliefs sought were for the personal benefits of Governor Dariye and members of the Plateau State House of Assembly, who were not even parties to the suit and thus the suit cannot activate the original jurisdiction of the Supreme Court. In this same suit filed by the PDP Governors, the reliefs sought are for the personal benefits of Gov. Siminalayi Fubara. The question is: does the Supreme Court have jurisdiction to entertain personal benefits? I also leave you to make your personal conclusions.

By the doctrine of judicial precedent, the judgment of the Supreme Court binds the Supreme Court. In the light of the above explanation, I make the following observations:
1. The PDP Governors lack the locus to file the suit at the Supreme Court.
2. Only the Sole Administrator of Rivers State can can authorize the filing of such suit.
3. The suit seeks personal reliefs for the benefit of Suspended Governor Siminalayi Fubara, and he is not even a party to the suit.
4. It is abundantly clear that the Supreme Court does not have jurisdiction to determine the suit filed the PDP Governors.

This legal opinion is offered in the light of the Supreme Court decision in Plateau State Of Nigeria & Anor. V. Attorney-General of the Federation & Anor which is similar and/or the same with the suit now filed by the PDP Governors. I will keep a tab on this case to see how it pans out.

In the meantime, I ask: why do Governors suspended during a State of Emergency fail and/or neglect to file the suit themselves? If they refuse to, can anybody cry more than the bereaved? Interesting times ahead indeed!


Godspower Egbule.
Writes from Rivers State

the suit will materialize and restore Governor Fubara to his position in Rivers State. Your epistles here doesn’t hold any water. Tufiakwa 🤣🤣🤣🤣

onlyhandsome202:
l

In the meantime, I ask: why do Governors suspended during a State of Emergency fail and/or neglect to file the suit themselves? If they refuse to, can anybody cry more than the bereaved? Interesting times ahead indeed!

Godspower Egbule.
Writes from Rivers State

The bolded is the million-dollar question. Even Fubara, who is supposed to be fighting for his mandate, has not gone to court or filed any legal objection. Silence means consent, which means he is satisfied and okay with the state of emergency.

Saao:
I'm not a lawyer but two things I can point for you are:
1) it's only supreme that has the power to overrite herself.
2) the way and manner nass voted for the declaration maybe null and void.

Null & void based on what, is it the business of the Supreme Court how they voted in the National Assembly?

Is the Senate President or Speaker party to the suit? If they were, that means The Supreme Court will not have original jurisdiction.

Xammie001:
That's not what they are asking sir, read to understand and not to comment sir

Oga it's a constitutional matter reason it goes to supreme Court straight
They feel. What happened to fubara can happen to them so they are asking supreme Court to interpret the relevant sections

Me I like it.. I know supreme Court would rule against them...

Years to court Yorubas backing Tinubu won't have any escape route when and Igbo man is appointed sole administrator of Lagos

And he conduct LGA elections

If the Supreme Court is a court of justice and polict, it will give a determination whether the president can suspend democratic institutions and elect sole administrator.

If the Supreme Court is a court of fraud, it will run away from the case. Citing precedence is holding tenacious to error by the justices of 2004, clearly there's need for improvement of jurisprudence over time and the Supreme Court has more than once reverses itself.

I really hope the military takes over nationally because it seems thats what we want

onlyhandsome202:
My attention has just been drawn to the Suit filed by Governors of PDP challenging the declaration of state of emergency in Rivers State. The Suit marked as Suit No: SC/CV/329/2025: ATTORNEY GENERAL OF ADAMAWA STATE & ORS v ATTORNEY GENERAL OF THE FEDERATION & ANOR seeks the Supreme Court to nullify the State of Emergency (SoE) declared by President Bola Ahmed Tinubu.

This matter is now sub judice so, no one can predict its outcome: but let me give us a background of the state of the law in relation to that suit by the PDP Governors.

In law, there is what we call judicial precedent, also known as stare decisis, meaning "to stand by things decided" and dictates that courts should follow prior rulings in similar cases, forming the foundation of our legal jurisprudence. The situation we have in Rivers State is the same with what we had in Plateau State in 2004. I do not mean that the underlying facts for the declaration of SoE in Rivers State were the same with Plateau State. No. I meant that in both situations, the Governors and Members of the House of Assembly were suspended and Military Administrator appointed to oversee the affairs of the State.

After the declaration of SoE in Plateau State, a suit was instituted at the Supreme Court against the Attorney General of the Federation (AGF) and the National Assembly (NASS) challenging the suspension of Governor Dariye and members of the Plateau State House of Assembly. A preliminary objection was filed by the AGF and NASS. A preliminary objection is a legal argument raised at the beginning of a case by the opposing party, often challenging the court's jurisdiction or the competence of the suit. One of the grounds of the preliminary objection filed the AGF and NASS in the Plateau State case was that THE SUIT WAS NOT AUTHORISED BY THE SOLE ADMINISTRATOR OF PLATEAU STATE. The Court agreed with the AGF and NASS that as at 24/6/2004 when the plaintiffs filed the suit, only the Sole Administrator could have authorized the filing of the suit on behalf of the Plateau State of Nigeria. In the suit filed by the PDP Governors, even the Sole Administrator or Attorney General of Rivers State was not even a party. Whatever you make of this observation is entirely yours.

The Supreme Court also held that THE SUIT SEEKS RELIEFS FOR INDIVIDUALS WHO ARE NOT PARTIES TO THE CASE AND WHO HAVE NO COMPETENCE TO MAINTAIN THE ACTION. The Supreme court has no original jurisdiction in respect of claims or reliefs for individual persons by virtue of the provisions of Section 232(1) of the Constitution. The reliefs sought were for the personal benefits of Governor Dariye and members of the Plateau State House of Assembly, who were not even parties to the suit and thus the suit cannot activate the original jurisdiction of the Supreme Court. In this same suit filed by the PDP Governors, the reliefs sought are for the personal benefits of Gov. Siminalayi Fubara. The question is: does the Supreme Court have jurisdiction to entertain personal benefits? I also leave you to make your personal conclusions.

By the doctrine of judicial precedent, the judgment of the Supreme Court binds the Supreme Court. In the light of the above explanation, I make the following observations:
1. The PDP Governors lack the locus to file the suit at the Supreme Court.
2. Only the Sole Administrator of Rivers State can can authorize the filing of such suit.
3. The suit seeks personal reliefs for the benefit of Suspended Governor Siminalayi Fubara, and he is not even a party to the suit.
4. It is abundantly clear that the Supreme Court does not have jurisdiction to determine the suit filed the PDP Governors.

This legal opinion is offered in the light of the Supreme Court decision in Plateau State Of Nigeria & Anor. V. Attorney-General of the Federation & Anor which is similar and/or the same with the suit now filed by the PDP Governors. I will keep a tab on this case to see how it pans out.

In the meantime, I ask: why do Governors suspended during a State of Emergency fail and/or neglect to file the suit themselves? If they refuse to, can anybody cry more than the bereaved? Interesting times ahead indeed!


Godspower Egbule.
Writes from Rivers State

It doesn't matter the intention of the Tinubu illegitimate govt, what matters is that they obey the constitution to the letter

Xammie001:
The Major Problem we have in Nigeria is Interpretation and Most of us believe we know a lot but we know Nothing and when it goes against us we Blackmail using social media thereby causing unnecessary tension because we know not as we ought to know.
The law has stated everything and cleared everything, so emergency Political Analyst make una rest.
What if this SOE turns out to favored Fubara more than you ever imagine, what if the Government is trying to settle the differences from the root, what if the Federal Government is trying to give fubara upper hand and power he deserves as against speculations.
Please let's calm down and reason well.

Thats what they are asking

Xammie001:
That's not what they are asking sir, read to understand and not to comment sir

He knows the Supreme Court is compromised. If he takes it to court and they intentionally drag the case for 3yrs, even if he wins, it becomes academic because his tenure would have lapsed

onatisi:
The bolded is the million-dollar question. Even Fubara, who is supposed to be fighting for his mandate, has not gone to court or filed any legal objection. Silence means consent, which means he is satisfied and okay with the state of emergency.

DMerciful:
It doesn't matter the intention of the Tinubu illegitimate govt, what matters is that they obey the constitution to the letter

Ok
Which Law has he allegedly broken or Gone against.
My Oga abeg dey allegedly ooo, i no get strength to dey defend wetin no dey for court ooo

When Hitler started, there were Germans that we defending him and it emboldened him to do more.....thats how second world war started.

A leader is overreaching himself and exercising powers he does not have because he controls the military and some people will be cheering him on to petition

Xammie001:
Ok
Which Law has he allegedly broken or Gone against.
My Oga abeg dey allegedly ooo, i no get strength to dey defend wetin no dey for court ooo

DMerciful:
When Hitler started, there were Germans that we defending him and it emboldened him to do more.....thats how second world war started.

A leader is overreaching himself and exercising powers he does not have because he controls the military and some people will be cheering him on to petition

You never answer my question now.
Which law has he broken? state it here now

He has ignored the provisions of the constitution. The NASS has also ignored the constitution because they're worse than rubber stamp.

You can pretend to be asleep by asking which law he broke even when lawyers have told you repeatedly

Xammie001:
You never answer my question now.
Which law has he broken? state it here now

Judicial precedent didn't affect PDP v. Degi Eremienyo
Judicial Precedent didn't affect the Abegunde v. LP (defection suit).
Judicial Precedent didn't affect LG Autonomy....

It now wants to affect this one..... Egbule rest hiko

---

The writer has misconceived the import of that judgement.

1. I believe the PDP Governors have the locus.
This is a live issue, neither advisory nor academic.
The Constitutionality of Section 305 is still with us.

The PDP Governors are seeking a constitutional interpretation which is the rights of any State Chief Executive.

2. This is also a wrong interpretation....
In Attorney-General of Plateau & Speaker, House of Assembly v. AGF & NASS:

The suit was filed by then Speaker Lalong & the AGF whilst the State of Emergency was still in force. The Supreme Court simply said that cannot happen because as at when the State of Emergency was in force, you were not active.

What it means practically is just like Iboroma (Fubara's Attorney-General) & Martin Amaewhule going to Court to challenge the State of Emergency now, it cannot work...because the SoE is already in force.

It is a notorious fact the plaintiffs in this suit is not same with the one filed by the PDP Governors. All the Govs who filed this suit are still active as State Chief Executive.

3. Fubara is not coming back now, win or lose.
The PDP Govs did not seek his return in the suit They are only protecting themselves. Fubara will not be a beneficiary..
It is not even an ancillary claim so it will just be struck out.

Noted but this point is said out of emotional stand point

DMerciful:
He has ignored the provisions of the constitution. The NASS has also ignored the constitution because they're worse than rubber stamp.

You can pretend to be asleep by asking which law he broke even when lawyers have told you repeatedly

Saao:
I'm not a lawyer but two things I can point for you are:
1) it's only supreme that has the power to overrite herself.
2) the way and manner nass voted for the declaration maybe null and void.

Is the way and manner NASS voted for the emergency rule before the Supreme Court?

gare:
So, we’re expecting the sole administrator to challenge a case from which he directly benefits? That’s completely unrealistic. We weaken the rule of law when we rely on questionable precedents and make empty references.

Anyone even you have the right to challenge the SOE. Let the Supreme Court decide and, if need be, dismiss the suit. Just because something happened in Plateau State doesn’t automatically make it right or lawful.

Sim can personally challenge his suspension but the court of first instance will be the Federal high court and not the Supreme Court. And that exactly is the point of the author. When you’re seeking reliefs for individuals, the Supreme Court cannot be the court of first instance. So, the case of the PDP governor will suffer from the issue of jurisdiction as they should have gone to the FHC and not SC.

This write-up is just a waste of time, op. Go and read the what those governors wanted, lit is just an interpretation of the constitution as regards what tinubu did, you don't know what you are saying

Even if supreme court decide the case and affirm that president has the power to declare SOE in Rivers state will all these emergency lovers of democracy and Rivers state accept and let peace reign,the next thing is to blackmail the supreme court that they have been bribed by Wike or president.Any verdict that doesn't favour them means court has been bribed.

I really don't envy our juries at this point in time.

seunmsg:
Sim can personally challenge his suspension but the court of first instance will be the Federal high court and not the Supreme Court. And that exactly is the point of the author. When you’re seeking reliefs for individuals, the Supreme Court cannot be the court of first instance. So, the case of the PDP governor will suffer from the issue of jurisdiction as they should have gone to the FHC and not SC.

Yes, the Supreme Court can only be approached as a court of first instance in disputes between the Federal Government and state governments, or between states themselves. A clear example is the case on local government autonomy, which was filed directly at the Supreme Court by the Attorney General of the Federation against the states.

It is time we continue to test the strength and independence of our judiciary to see whether it will truly uphold its autonomy or continue to function as an extension of the executive arm. The judiciary must rise to its constitutional duty and assert its role as a separate and equal arm of government.

Saao:
I'm not a lawyer but two things I can point for you are:
1) it's only supreme that has the power to overrite herself.
2) the way and manner nass voted for the declaration maybe null and void.

The supreme Court cannot interfere in the affairs of the NASS unless a member of the NASS takes the NASS to court. So far, non of the members of NASS has deemed it fit to go to court on this issue. Therefore , no one can be more aggrieved than the bereaved.