By Our Reporter
Following the declaration of the state of emergency on Rivers State, which led to the suspension of Rivers State governor, Siminalayi Fubara for six months, the Nigeria’s Supreme Court, on Monday, in its judgement ruled in favour of President Tinubu stating that the President acted within constitutional powers.
The apex court delivered the long-awaited judgement on the removal of Rivers State Governor, Siminalayi Fubara from office.
Recall that Fubara was suspended from office for six months by President Bola Tinubu through a state of emergency. Consequently, the governors elected under the platform of the Peoples Democratic Party, PDP, had immediately headed to the Supreme Court to challenge the President’s action.
Delivering its judgement, the apex court ruled that the President holds the constitutional power to declare a state of emergency in any state where circumstances threaten public safety or governance, noting that, however, such suspension must be within a limited period.
In the lead majority judgment, Justice Mohammed Idris held that Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is declared.
According to reports by the National Posts, Justice Mohammed Idris noted Section 305 was not specific on the nature of the extraordinary measures, thereby granting the President the discretion on how to go about it.
Justice Idris, in the earlier part of the judgment, upheld the preliminary objections raised by the two defendants against the competence of the suit.
In upholding the objections raised by the Attorney General of the Federation (AGF) and the National Assembly (the defendants), Justice Idris held that the plaintiffs (the 11 PDP states) failed to establish any cause of action capable of activating the original jurisdiction of the apex court.
He struck out the suit for want of jurisdiction, proceeded to also determine the case on the merits, and dismissed it.
With additional reports from National Posts