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Legal Experts Differ on Supreme Court’s Role in Rivers State Emergency Declared by President Tinubu

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Legal scholars have expressed differing views regarding the Supreme Court’s involvement in the ongoing state of emergency declared in Rivers State by President Bola Tinubu. While former Chairman of the National Human Rights Commission, Professor Chidi Odinkalu, faulted the apex court for allegedly failing in its duty to uphold the rule of law, the President of the Nigerian Bar Association, Afam Osigwe (SAN), argued that the unfolding crisis is rooted in political rivalry rather than judicial shortcomings.

In a nationwide address on Tuesday, March 18, President Tinubu announced the suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and all elected members of the Rivers State House of Assembly. The suspension, which is to last an initial six months, was part of the federal government’s response to escalating tensions in the state.

The President appointed retired Vice Admiral Ibok-Ette Ibas as the state’s administrator, citing the need to restore order following political unrest and the destruction of two oil pipelines. Reacting to the development via his X handle, Professor Odinkalu accused the Supreme Court of losing its independence and failing to serve as a stabilizing force in the country’s democracy.

He referenced the era of former Chief Justice Mohammed Lawal Uwais, under whom he said the court stood firmly against threats to Nigeria’s democratic system. In contrast, he argued that the court’s current leadership, headed by Chief Justice Kudirat Kekere-Ekun, has allowed political interference to weaken the institution’s integrity. “In the time of Chief Justice Mohammed Lawal Uwais, the Supreme Court had the independence and courage to protect Nigeria from political crises. Sadly, under the present leadership, that strength seems lost,” Odinkalu stated.

However, Osigwe countered Odinkalu’s position, asserting that the crisis in Rivers State is the result of political power struggles, not judicial failure. “The real issue in Rivers State stems from the inflated egos of the key players, who have refused to engage in dialogue and find a resolution that benefits the state,” Osigwe said.

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