By Ebun-Olu Adegboruwa SAN
In 1999, Nigerians rejoiced at the seeming exit of the military from power, after annulling and desecrating all our democratic institutions for years. But when General Olusegun Obasanjo, a retired military officer, emerged as the winner of the presidential election, we all waited with bated breath, on the fate of democracy under such a setting. We didn’t have to wait too long though, as all subsequent elections became a do or die affair and those who were trusted with power became so drunk with it that they were plotting to extend even their second tenure. Things have never been the same ever since and all that we now see are snippets of that infamous era.
The military has not really relinquished power; they are in the National Assembly, they form the shadow government of every regime in power, they have cornered all the important contracts, they influence government policies and decisions, they sit on the board of many private companies, they own land in the choicest locations across the country and they are politically very active.
President Umaru Yar’Adua who emerged as the next civilian president did not stay long in office and even the one chosen to conclude his tenure was eventually chased out of office for another military general to cling to power. What do the military want from Nigeria? Obasanjo served his term as Nigeria’s Head of State to the fullest, came back as President and also served his two terms. Buhari took over the reins of power as Head of State and like Obasanjo, he returned as President and served his uneventful two terms.
Against all odds, a civilian democrat emerged President in 2023 with the mantra of Renewed Hope Agenda. This new President had been in the trenches as he was instrumental to the exit of the military, in a way. He was an activist and a federalist so that you didn’t need to campaign for him on the values of democracy, devolution of powers, state police, good governance and true federalism, with him in charge as President. You would almost go to sleep with your two eyes closed hoping to wake up with a truly restructured Nigeria.
In March 2025, a civilian coup was imposed upon the people of Rivers State and Nigeria as a whole, when the activist President unilaterally declared a state of emergency on the State, suspended democratically elected officials of the state, including the governor, the deputy-governor and all members of the State House of Assembly. A retired military officer was imposed as the sole administrator. This didn’t come so much as a surprise, given the ambition of the President to remain in office by all means possible. Rivers State was too precious to toy with for both its economic and electoral values.
A lot had changed from the days of the President’s activism, as a member of the dreaded National Democratic Coalition (NADECO), a campaigner for fiscal federalism, resource control and the rule of law. The only option left for the people was to run to the last hope of the common man, the judiciary.
Several cases were filed in court, especially in Port Harcourt, but they were all transferred to Abuja in very controversial circumstances, leading to strident protests by some of the plaintiffs in those cases.
Eventually, all the cases were thrown out on technical grounds of lack of locus standi, absence of jurisdiction, etc. But there was one of the cases pending before the Supreme Court, begging for a definitive judicial pronouncement on the issue of state of emergency.
Although the case was filed early enough, it took Nigerians practically crawling on their bent knees for it to be fixed for hearing. And this was after the sole administrator had conveniently concluded his presidential assignment in the oil-rich state. Eventually, the Supreme Court delivered its judgment in the case last week, declining jurisdiction to entertain the case filed by eleven states of the federation.
“Jurisdiction is the life-blood of adjudication. It is the authority conferred on a court to hear and determine a matter, and without it, any proceedings conducted or judgment delivered are a nullity, no matter how well reasoned. In determining whether it has jurisdiction, the Court is guided strictly by the Plaintiffs’ originating processes, particularly the originating summons and supporting affidavits, since it is the Plaintiffs’ claim that defines the scope of the Court’s jurisdiction. Section 232(1) of the Constitution confers original jurisdiction on this Court in disputes between the Federation and a State or between States, provided the dispute involves a question on which the existence or extent of a legal right depends…
Upon a careful examination of the Plaintiffs’ questions and reliefs, it is clear that their grievance arose principally from the declaration of a state of emergency in Rivers State, the suspension of the Governor, Deputy Governor and House of Assembly of that State, and the appointment of a Sole Administrator. However, none of the Plaintiffs represents Rivers State, and neither did they establish any authority to litigate on its behalf; nor was there any deposition showing that a state of emergency had been declared in any of the Plaintiffs’ States.
The Plaintiffs also relied on an alleged statement made by the Attorney-General of the Federation during a media briefing, which they construed as a threat to their respective States.
Such a statement, standing alone, cannot constitute an actionable conduct of the Federation itself for the purpose of invoking Section 232(1). Complaints directed against individual officials or functionaries of the Federal Government, even when acting in their official capacities, do not amount to disputes between the Federation and a State within the contemplation of the Constitution. In the circumstances, the Plaintiffs failed to disclose any reasonable or justiciable dispute between them and the Federation capable of invoking the original jurisdiction of this Court. The absence of a competent cause of action is fatal and deprives this Court of jurisdiction. Consequently, the suit is incompetent and must be struck out.”
Adegboruwa is a Senior Advocate of Nigeria (SAN).
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