Judicial Silence and Complicity: Examining the Stands of Courts during Rivers State’s Emergency Rule

Authors: EZE, George Ogazi Mani (PhD); BABANTAH , AMARACHI Deborah(PhD) & ONYESO Prince Ikeokwu Nwaokugha (PhD)

Affiliation: Department of Mass Communication, Ignatius Ajuru University of Education, Port Harcourt, Nigeria

Corresponding Author: [email protected]

January 19, 2026

SIAR-Global Journal of Social Sciences & Legal Review

DOI: 10.5281/zenodo.18274094

Judicial Silence and Complicity: Examining the Stands of Courts during Rivers State’s Emergency Rule

Review Article Social Sciences

Abstract

The declaration of emergency rule in Rivers State was one of the most significant constitutional crises in Nigeria's Fourth Republic, raising grave doubts about the judiciary's ability to uphold constitutional order. This study examines how Nigerian courts behaved during the emergency rule period to see if their actions or lack thereof amounted to judicial wisdom, institutional restraint, or implicit complicity in the consolidation of executive power. The study draws on critical legal studies and constitutional principles, the study also looked at how key judicial decisions, adjournments, and procedural delays impacted the state’s trajectory of governance as well as civil liberties. In addition, the study adopted a qualitative research approach, mainly a documentary analysis of court rulings, news announcements, and legal commentary, the study uses semi-structured interviews with legal practitioners and civil society actors to generate rich data. Three major themes were identified, namely: judicial passivity in the face of executive overreach, the tension between judicial independence and political influence, and the implications of overdue adjudication for democratic answerability. The findings suggest that judicial silence, either strategic or unintended, had deep effects on the period and lawfulness of emergency rule, resulting in weakened separation of powers and erosion of public trust. This study concludes by recommending judicial reforms intended to strengthen institutional autonomy, bureaucratic receptiveness, and proactive constitutional evaluation in future states of emergency. The research contributes to broader discourse on the resilience of Nigeria’s democratic institutions under stress by critically investigating the actions of the judiciary.

Keywords

Judicial independence, emergency rule, constitutional crisis, Rivers State, democratic accountability

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EZE, George Ogazi Mani (PhD); BABANTAH , AMARACHI Deborah(PhD) & ONYESO Prince Ikeokwu Nwaokugha (PhD) (2026). Judicial Silence and Complicity: Examining the Stands of Courts during Rivers State’s Emergency Rule. SIAR-Global Journal of Social Sciences & Legal Review, Vol. 1, No. 1. DOI: 10.5281/zenodo.18274094

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Judicial Silence and Complicity: Examining the Stands of Courts during Rivers State’s Emergency Rule

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