The Human Rights Writers Association of Nigeria (HURIWA) on Sunday accused the Supreme Court of deliberately stalling proceedings on a critical constitutional case brought by 11 Peoples Democratic Party (PDP) governors challenging the legality of a state of emergency declared in Rivers State.
In a press statement issued by its National Coordinator, Comrade Emmanuel Onwubiko, the prominent civil rights advocacy group alleged that the apex court’s failure to fix a hearing date nearly a month after the case was filed suggests judicial cowardice and a dangerous reluctance to confront executive overreach.
“We believe the Supreme Court of Nigeria is doing the greatest disservice to the country by refusing or unduly delaying the constitution of a panel to adjudicate on the salient constitutional questions posed in this groundbreaking suit,” Onwubiko stated.
The suit, filed by the attorneys general of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states, seeks a declaration on whether President Bola Ahmed Tinubu acted within the constitution when he allegedly suspended the Rivers State governor and dissolved the state legislature under the guise of emergency rule.
Citing Sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Constitution, the plaintiffs argue that no provision empowers the president to unseat an elected governor or install an unelected administrator. They also question the legality of suspending a functioning State House of Assembly.
HURIWA alleged that the Supreme Court’s silence may be a tactical ploy to pressure the governors into seeking a political resolution rather than a judicial one — a move the group warned could set a dangerous precedent.
“The delay is not just ominous; it is toxic,” Onwubiko said. “If the Justices are jittery and refusing to fix a hearing date, then we fear there may be a deeper conspiratorial plot to destabilize constitutional democracy and achieve total state capture. We pray that we are wrong.”
The group further warned that the vacuum created by judicial inaction is fueling political blackmail, with some PDP governors allegedly being coerced into endorsing President Tinubu’s re-election or defecting to the ruling All Progressives Congress (APC).
“The Justices of the Supreme Court should be patriotic enough to entertain this matter and take a decision one way or another,” the statement continued. “This unnecessary delay has allowed the APC to exploit fear among PDP governors who are scared of losing their re-election bids.”
HURIWA expressed alarm that despite the case’s national importance, there has been no communication from the court regarding its progress or scheduling, raising concerns about transparency and impartiality.
“It is surprising that such a landmark case is being treated with such a lackadaisical, ‘we don’t give a damn’ attitude,” Onwubiko said. “Millions of Nigerians and observers around the world are watching closely to see if our judiciary can still be trusted to defend democracy.”
The respondents, including President Tinubu, have 14 days from the service of the summons to enter an appearance. However, the absence of a hearing date has intensified public scrutiny of the court’s role.
“This is no longer just a legal matter. It’s about whether Nigeria’s democracy is governed by the rule of law or the whims of a powerful few,” HURIWA warned.
The group concluded by urging the Chief Justice of Nigeria to urgently constitute a panel and fix a hearing date, asserting that “justice delayed in this matter could very well be democracy denied.”
