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Rivers state of emergency: Is Nigeria’s democracy safe with its courts?

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Tinubu emergency powers face renewed legal scrutiny as Nigerian courts again avoid ruling on the scope of presidential authority

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NIGERIA’S democracy swooped into the unease mood after the 2023 elections. The state of emergency in Rivers State raised more questions about the extent of presidential powers when declaring emergency rule.

Also read: Rivers Police arrest 12 after Aluu estate attack

Section 305 of Nigeria’s 1999 Constitution sets out those powers with striking clarity. Yet time and again, Nigerian courts have avoided definite answers, finding refuge in procedural hedges and technicality.

In doing so, they dodge their most solemn duty: safeguarding constitutional democracy.

Nigeria is run on a written Constitution.

The boundaries of separation of power are known. Disputes are to be resolved by courts applying settled principles of interpretation. When judges refuse to engage the substance of constitutional questions, the consequences are grave.

Their indecisions also become precedents – dangerous precedents.

Afam Osigwe, SAN, President of the Nigerian Bar Association, NBA, has warned that judicial silence in the face of emergency rule litigation “erodes public confidence” and emboldens executive over-reach. He urged Judges to rise above political pressure and rule without fear or favour.

The Federal High Court in Abuja, maybe, in reaction to Mr. Osigwe’s remarks swiftly heard several suits that challenged President Bola Ahmed Tinubu’s proclamation of a state of emergency in Rivers State.

Again, the courts declined jurisdiction; reclining on a supposed Emergency Powers (Jurisdiction) Act, 1962 said to have been modified by presidential order in 2025 and avoided ruling on the merits of the matters. The pattern is familiar or a precedent.

In Plateau State v. Attorney-General of the Federation (2006), the Supreme Court similarly refused to determine the scope of presidential emergency powers, citing procedural defects.

A decision then, could have saved Nigeria from the spectacle of an elected President suspending an elected Governor and legislature, as occurred in Rivers State in March 2025.

The matter is still alive. On 16 January 2026, an NGO, the Incorporated Trustees of the Civil Society Observatory for Constitutional and Legal Compliance, CSOCLC, returned to the Federal High Court, Abuja, urging Justice J.K. Omotosho to revisit his earlier decisions on emergency rule in Rivers State.

In Suit No. FHC/ABJ/CS/1148/2025, with the President, the Attorney-General of the Federation, Rivers State, electoral authorities and others as defendants, the group argues that the Court has jurisdiction, and that the President’s emergency powers do not include suspending elected officials.

Crucially, the plaintiffs do not deny the President’s authority to declare a state of emergency. Their case is narrower and more fundamental. Section 305, they argue, authorises a proclamation, not the removal of a Governor, Deputy Governor or State Legislature.

Their counsel, Nnamdi Nwokocha-Ahaaiwe, contends that under the doctrine of “covering the field,” once the Constitution has exhaustively regulated a subject, neither Parliament nor the executive may add, enlarge or subtract from it.

A proclamation that purports to do so, he argued, is void, citing Supreme Court precedents, including A.G. Abia v. A.G. Federation and INEC v. Musa, in support of their position.

Even on a political precedent, former President Goodluck Jonathan declared state of emergency in May 2013 on television,

“I hereby declare a state of emergency in Borno, Yobe and Adamawa States. The Governors and other political office holders in the affected States will continue to discharge their constitutional responsibilities”.

Jonathan made the correct interpretation of the Section 305, a fact that is barely acknowledged and a counterpoise to the two instances that former President Olusegun Obasanjo imposed emergency rules in Plateau 2004, and Ekiti 2006, and removed their elected officials.

There is also a jurisdictional elephant in the room. Government’s lawyers insist that only the Supreme Court may hear emergency-related disputes, relying on colonial-era statutes from 1961 and 1962.

But those laws were omitted from Nigeria’s revised statutes as “spent” long before the 1999 Constitution came into force. Would the government lawyers not know?

Section 315 of the Constitution permits modification only of existing laws. How is a non-existent law modified?
Amending a dead statute, the plaintiffs argue, is a constitutional impossibility.

An Executive Order that strips the Federal High Court of jurisdiction and transfers it to the Supreme Court would amount to an unconstitutional usurpation of powers of Parliament and Judiciary.

In anticipation of a technicality, the plaintiffs invoked Adesanya v. President (1981), where the Supreme Court affirmed that citizens have not only the right but an obligation to challenge unconstitutional acts.

More recently, in Okonjo-Iweala v. Fawehinmi (2025), the court reaffirmed liberal standing for public interest litigation by civil society groups.

Once a President can suspend elected governments and rewrite court jurisdiction by executive fiat, separation of powers collapses, authoritarianism beckons and democracy would have departed.

Nigerians now wait to see whether the courts will confront this question at last, rein in the President or once again look away, as Nigeria’s democracy totters.

 

Finally…

A YOUNGER colleague reacted to my column on Mrs. Kemi Adeosun saying it was “written in a hurry”, and “uniformed”. When I engaged him, I found out that he was determined to hear nothing order than that Mrs. Adeosun was clean, as sparkling as crystal.

I asked him to send a rejoinder.

He countered that he was not working for Mrs. Adeosun. By Friday night I again asked for the rejoinder. “Good evening Oga. I didn’t promise any rejoinder sir. I just made a comment based on what I know. I am sorry if you feel offended by my comment”.

“You are insisting that Mrs. Adeosun did not submit a forged NYSC certificate of exemption?,” I asked him. “Yes, because she had no reason to,” he retorted.

Also read: Police arrest suspect after Rivers university cult clash

I am still in shock about how some individuals make their decisions. I didn’t name him, because I didn’t think there was any point in making the fellow involved more popular.

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NNPC, Dangote and Other Major Partners Back GOCOP’s 2027 Elections Conference

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NNPC, NLNG, Customs and Dangote are among partners for the GOCOP 2026 conference on 8 October in Lagos, themed around the 2027 elections (more…)

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Lagosians Deserve Better Quality of Life, Leadership — Labour Party’s Odunaike

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Labour Party governorship candidate in Lagos State, Rotimi Odunaike, has declared that improving the quality of life of residents will be the defining priority of his administration, arguing that governance should ultimately be measured by how people live, work and move around the state.

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Odunaike made the remarks while speaking on Daily Digest with Jimi Disu on Nigeria Info, where he said his decision to contest the 2027 governorship election was inspired by his lifelong connection to Lagos and his concern over what he described as the steady decline in residents’ everyday living conditions.

“Lagos raised me,” he said, reflecting on his childhood in the state before spending part of his professional career abroad.

According to him, the Lagos he grew up in was not without challenges, but it offered a better quality of life than many residents experience today.

He said his focus was not on headline economic figures but on the daily realities confronting ordinary Lagosians.

“When I look at the state of things and the quality of life, I’m not talking about numbers and I’m not talking about statistics. I’m talking about the impact to Lagosians on their quality of life,” he said.

Using his journey to the radio station as an example, Odunaike said he left his home in Ikeja before 7 a.m. but still spent about an hour getting to the studio.

“That is not living. That is surviving. It’s not even thriving,” he added.

The Labour Party candidate argued that mobility should be treated as a quality-of-life issue rather than merely a transport challenge, saying efficient movement across Lagos would expand access to jobs, businesses and economic opportunities.

He also linked poor infrastructure and environmental challenges to the struggles of informal-sector workers, particularly traders whose businesses are often disrupted by flooding and other urban problems.

According to Odunaike, Lagos should demonstrate its reputation as the “Centre of Excellence” through the actual delivery of quality governance, improved mobility, affordable housing, a stronger economy and better public services.

Rather than centring his campaign on personalities, he said his ambition is to present a people-focused vision for Lagos built on values, service and leadership.

Reflecting on his upbringing, Odunaike credited the discipline instilled by his mother, a Nigerian Army officer, and his years in military schools for shaping his understanding of public service.

He argued that strong values remain the foundation of effective leadership, adding that although people may face challenges that test their principles, a deeply rooted value system ultimately guides them back to their core.

“At the end of the day, it is about them,” he said, referring to the people of Lagos.

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Nnaji Accuses Enugu Government of Lawlessness Over Campaign Office Raid

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Chief Uche Geoffrey Nnaji, the Peoples Democratic Party governorship candidate in Enugu State, has accused the state government of “lawlessness” following an alleged raid on his campaign office along Abakaliki Road, where he said campaign posters and other materials were removed.

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Nnaji alleged that officials of the Enugu State Environmental Protection Agency entered the premises and tore down campaign liveries displayed on the office, fence and surrounding areas.

He described the alleged action as an invasion of his privacy and a troubling escalation of the dispute over political advertising in the state.

“My privacy has been invaded by the Enugu State Government. My personal campaign office was attacked by the Enugu State Environmental Protection Agency and all my posters torn down in contravention of an ongoing court process,” Nnaji said in a statement.

The former Minister of Innovation, Science and Technology said the alleged enforcement action was particularly concerning because of a pending legal challenge over the state’s political signage regulations.

According to him, a Motion on Notice had been served on the relevant parties and the parties were awaiting the hearing of the case when the alleged removal took place.

“A Motion on Notice was served on them and we are waiting for the hearing of the matter when they embarked on their ‘Destroy Enugu First Campaign’,” he said.

Nnaji argued that government agencies should exercise restraint when a disputed policy is before a court, saying political disagreements should not override respect for private property and due process.

“What makes this development particularly disturbing is that the Enugu State Government’s signage policy is currently being challenged before the Federal High Court, Abuja, and a Motion on Notice has already been served on the relevant parties,” he said.

The legal challenge follows the introduction of a mandatory ₦150 million advertising permit by the Enugu State Structures for Signage and Advertisement Agency for political parties and candidates participating in the 2026 and 2027 elections. The agency said the permit covers various forms of outdoor and visual campaign promotion across the state’s 17 local government areas.

ENSSAA General Manager Francis Aninwike said the permit was part of the agency’s statutory responsibility to regulate outdoor advertising, maintain environmental aesthetics and protect public infrastructure.

The agency subsequently reaffirmed its ban on the unauthorised pasting and display of posters across the state, warning political parties, candidates, campaign organisations and supporters that violations could attract financial penalties and other sanctions. The September 9 notice said the restriction was backed by the Enugu State Structures for Signage and Advertisement Agency Law No. 12 of 2016.

ENSSAA had also previously announced a statewide enforcement exercise against unauthorised outdoor advertisements, including political campaign materials, stating that the exercise was not targeted at any individual or political group.

The ₦150 million permit has, however, remained a major point of disagreement between the state authorities and opposition parties.

In June, the PDP and other opposition parties instituted a suit challenging the legality of the permit requirement. Reports on the case said the parties asked the Federal High Court to determine whether ENSSAA and the Enugu State Government had the constitutional authority to impose the fee on political parties and candidates.

Nnaji maintained that the existence of a signage regulation did not remove the obligation of government agencies to respect due process, citizens’ rights and judicial proceedings.

“Why the haste? Why destroy first when the court is already seized of the matter?” he asked.

“The rule of law requires patience, restraint and respect for due process. Where a policy or governmental action is before a competent court, the proper course is to allow the judiciary to determine the legality of the disputed policy rather than resorting to actions that might appear to prejudge the matter.”

The controversy comes as political activities intensify in Enugu following the September 26 local government elections and ahead of the 2027 general election. ENSSAA has maintained that its advertising restrictions apply regardless of political affiliation and has urged political actors to use approved advertising channels and other platforms for campaign communication.

Nnaji, who was recently confirmed as the PDP’s governorship candidate for the 2027 Enugu election, has continued to criticise the state government over issues including campaign regulation and the political environment in the state.

For the PDP candidate, however, the latest dispute is not simply about the cost of political advertising. He said the central issue was the alleged entry into his campaign premises and removal of campaign materials while the legality of the signage regime remains subject to judicial consideration.

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