FG Defends Rivers State Emergency Declaration at Supreme Court, Cites Total Breakdown of Governance
The Federal Government has defended its decision to declare a state of emergency in Rivers State, telling the Supreme Court that the move was necessary due to a collapse of governance and growing threats to key economic infrastructure.
This response comes as a counter to a lawsuit filed by 11 states—mostly governed by the opposition Peoples Democratic Party (PDP)—who argue that the emergency rule imposed in Rivers was illegal. The states include Adamawa, Akwa Ibom, Bauchi, Bayelsa, Delta, Enugu, Osun, Oyo, Plateau, Taraba, and Zamfara.
In its affidavit, the FG insists it acted in the best interest of national peace and stability. The affidavit was sworn by Mr. Taiye Hussain Oloyede, Special Assistant to President Bola Ahmed Tinubu and the Federal Ministry of Justice. He stated:
“I am a Special Assistant to President Bola Ahmed Tinubu, GCFR… I have the authority of the President and Chief Akin Olujinmi, CON, SAN, counsel to the 1st defendant, to swear to this counter affidavit.”
Oloyede said he reviewed the affidavit filed by the 11 states and admitted only paragraphs 1 and 8. He denied the rest, saying:
“I deny paragraphs 2, 3, 4, 5,6, 7,9, 10, 11, 12, 13, 14, 15, 16, #7, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32… on the ground that they are not true.”
He argued that political tensions in Rivers State had made it impossible for the government to function properly:
“There was a very serious political crisis in Rivers State which had led to the Governor of Rivers State and the House of Assembly not being able to work together.”
According to him, the House of Assembly was divided—with only four lawmakers supporting Governor Siminalayi Fubara while 27 others opposed him. This led to a legislative deadlock:
“The governor was not able to present any Appropriation Bill… governance had run to a standstill.”
Oloyede also accused Governor Fubara of making matters worse by demolishing the State Assembly building:
“The governor demolished the House of Assembly… thus depriving the 27 members opposed to him from having official accommodation… The governor however allowed the four members he considered loyal to him to be meeting in his office.”
The affidavit went further to describe rising insecurity in the state, including attacks on vital economic assets:
“There was violence in the state with attacks on critical economic assets… Militants were openly threatening fire and brimstone… with the governor not doing anything even as little as denouncing and disowning them.”
He also noted the legal back-and-forth between the governor and the Assembly members had worsened the political tension:
“There were several suits filed by the governor and the 27 members… each side struggling to outdo the other.”
The FG referenced a previous Supreme Court judgment, which highlighted the collapse of governance in Rivers:
“A government cannot be said to exist without one of the three arms… the head of the executive arm… chose to collapse the legislature… As it is, there is no government in Rivers State.”
Oloyede revealed that President Tinubu and other respected leaders had tried to resolve the crisis peacefully, but both sides refused to cooperate:
“President Bola Ahmed Tinubu intervened… but the parties stuck to their individual positions… Even after the delivery of the Supreme Court judgment… matters still remained the same.”
Due to the worsening situation, he said the President had no choice:
“To avoid further deterioration, President Ahmed Bola Tinubu had to declare a state of emergency in Rivers State to stop the drift to greater violence.”
As proof, the Federal Government submitted a certified true copy of the emergency proclamation. Oloyede also dismissed fears by the PDP-led states that similar actions could be taken against them:
“The President has neither said nor threatened that he would declare a state of emergency in any of the plaintiffs’ states… the plaintiffs have only been driven into panic mode by their own imaginary fears.”
He rejected their interpretation of Section 305(6) of the Constitution, saying there is no requirement for vote counting to be physical:
“There is no stipulation… that the resolution of two third majority… shall be by physical counting of the votes by each house of the National Assembly.”
Oloyede concluded that the President acted lawfully:
“It is the President… who has the power under the Constitution to declare a state of emergency… The President… has committed himself to exercising his powers… only in accordance with the law and the constitution… There was actual breakdown of public order and public safety in Rivers State…”
Meanwhile, the National Assembly, which was also sued, filed a preliminary objection asking the Supreme Court to dismiss the suit. It described the case as baseless and demanded ₦1 billion in legal costs from the plaintiffs.
The PDP governors are now asking the Supreme Court to clarify whether a President can interfere with the offices of state governors or assemblies through emergency declarations. They argue that such powers, if unchecked, would violate Nigeria’s constitutional structure and federal principles.
