The Human Rights Writers Association of Nigeria (HURIWA) has criticized the Supreme Court for allegedly delaying proceedings in a constitutional case filed by 11 Peoples Democratic Party (PDP) governors challenging the legality of a state of emergency declared in Rivers State.
In a statement issued on Sunday by its National Coordinator, Comrade Emmanuel Onwubiko, HURIWA described the apex court’s inaction nearly one month after the case was filed as “judicial cowardice” and a “dangerous reluctance” to confront alleged executive overreach.
“The Supreme Court of Nigeria is committing a grave disservice to the nation by refusing or unduly delaying the constitution of a panel to adjudicate the salient constitutional questions raised in this groundbreaking suit,” Onwubiko asserted.
The lawsuit, brought by the Attorneys General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States, seeks judicial interpretation on whether President Bola Ahmed Tinubu acted within constitutional bounds by purportedly suspending the Rivers State Governor and dissolving the State House of Assembly under an emergency declaration.
Relying on Sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Constitution, the plaintiffs argue that the Nigerian President lacks the constitutional authority to unseat an elected governor or to suspend a duly constituted legislature, even under emergency circumstances.
HURIWA raised concerns that the court’s silence may be a calculated move to pressure the governors into opting for a political compromise, a scenario the association warned could set a perilous precedent for Nigeria’s constitutional democracy.
“The delay is not just ominous; it is toxic,” Onwubiko emphasized. “If the Supreme Court Justices are hesitant to fix a hearing date, it raises fears of a deeper conspiratorial plot to destabilize democratic governance and achieve total state capture. We sincerely hope we are wrong.”
The civil rights group also alleged that the prolonged judicial inaction is creating an environment ripe for political coercion, with reports suggesting that PDP governors are being pressured to either endorse President Tinubu’s potential re-election or defect to the ruling All Progressives Congress (APC).
“The Justices of the Supreme Court must rise above political intimidation and deliver timely justice. Their refusal to act is emboldening forces that seek to undermine Nigeria’s democracy,” the statement read.
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HURIWA expressed disappointment that, despite the national significance of the case, there has been no official communication from the Supreme Court regarding scheduling or progress, raising further questions about the judiciary’s transparency and independence.
“It is alarming that such a landmark case is being met with a lackadaisical and dismissive attitude,” Onwubiko said. “Millions of Nigerians and the international community are watching closely to determine whether our judiciary can still be relied upon to defend democracy and the rule of law.”
According to legal procedure, the respondents, including President Tinubu, have 14 days from the service of the court summons to enter an appearance. However, the absence of a hearing date has intensified public scrutiny over the Supreme Court’s handling of the matter.
“This is no longer merely a legal issue. It is a test of whether Nigeria’s democracy will be ruled by constitutional law or dominated by unchecked political power,” HURIWA warned.
The group concluded by urging the Chief Justice of Nigeria to urgently constitute a panel and fix a date for hearing, stressing that “justice delayed in this matter could very well amount to democracy denied.”
