The Supreme Court may today (Monday) reveal the date it will hear the high-stakes constitutional case filed by eleven Peoples Democratic Party (PDP) governors, who are challenging the Federal Government’s declaration of a state of emergency in Rivers State.
President Bola Ahmed Tinubu had, on March 18, 2025, imposed emergency rule in the oil-producing state, suspending Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the State House of Assembly for six months. The president also appointed retired naval officer Ibokette Ibas to serve as sole administrator for the state during the emergency period, with the National Assembly swiftly endorsing the move via a voice vote.
FG Rallies Senior Lawyers To Defend Its Decision
To defend the emergency rule, The PUNCH reports that the Federal Government has recruited a formidable 16-member legal team, which includes 10 Senior Advocates of Nigeria (SANs). The team is led by former Attorney General of the Federation, Chief Akin Olujinmi (SAN), alongside other legal heavyweights such as Prof. Kanyinsola Ajayi, Jelili Owonikoko, Kehinde Ogunwumiju, Tijani Gazali, Babatunde Obama, Olawale Fapohunda, Olumide Olujinmi, Akinyemi Olujinmi, and Ademola Abimbola.
Also part of the team are Akinsola Olujinmi, Oluwole Ilori, Abdulwahab Abayomi, Mojeed Balogun, Jideuche Ezi, and Ramat Tijani.
The Federal Government has filed a preliminary objection and a counter-affidavit, dated May 9, asking the Supreme Court to throw out the suit by the PDP governors on various grounds.
PDP Governors Dispute Constitutionality Of The Emergency
The governors from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa, are requesting the Supreme Court to clarify whether the president possesses the constitutional power to suspend elected state officials and replace them with appointees under emergency rule.
They also asked the court to rule on whether the National Assembly acted within the law when it endorsed the emergency through a voice vote instead of the two-thirds majority in both chambers, as mandated by the Constitution.
In their case, registered as SC/CV/329/2025, the governors are seeking a judgment to void the emergency declaration published in Official Gazette No. 47 of 2025, alongside an injunction restraining the Federal Government from suspending elected officials or dissolving state legislatures through emergency proclamations.
FG Counters With Objection, Claims Suit Lacks Merit
Responding, the Attorney General of the Federation’s office argued that the case doesn’t fall under the Supreme Court’s original jurisdiction as provided in Section 232(1) of the 1999 Constitution.
The AGF claimed there was no real dispute involving legal rights between the Federation and the states, and that the governors had no legal standing to file the action. It described the lawsuit as “hypothetical, academic, speculative and an abuse of court process.”
In a counter-affidavit sworn by Taiye Oloyede, Special Assistant to the President on Arbitration, Drafting, and Regulations, the presidency explained the reasons for the emergency rule.
Oloyede stated that Rivers State had plunged into a “very serious political crisis,” with the State House of Assembly divided between 27 lawmakers opposed to the governor and four in his camp. He further argued that the legislative impasse prevented the passage of an Appropriation Bill, crippling governance in the state.
He accused Governor Fubara of escalating tensions by demolishing the Assembly complex to stop opposition lawmakers from convening. “There was violence in the state with attacks on critical economic assets… militants were openly threatening perceived enemies of the governor,” Oloyede said, adding that President Tinubu had made efforts to broker peace but failed.
The presidency insisted the president’s action was both constitutional and necessary to restore stability: “The suspension of the governor, deputy governor and members of the State Assembly… is one of the extraordinary measures required for the restoration of peace and security in Rivers State.”
National Assembly Files Separate Objection
The National Assembly, listed as the second defendant in the case, has also submitted a preliminary objection dated April 22, 2025, alongside a counter-affidavit.
It argued that the PDP governors bypassed due process by failing to issue the mandatory three-month pre-action notice to the Clerk of the National Assembly, as stipulated by Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017.
The legislature further contended that the plaintiffs didn’t obtain authorization from their State Houses of Assembly before filing the suit, contrary to requirements under the Supreme Court (Original Jurisdiction) Act, 2002.
As part of its prayers, the National Assembly asked the apex court to dismiss the lawsuit and order the governors to pay ₦1 billion in costs, labelling the case a “frivolous and speculative suit” lacking any personal injury or legal grounds to justify the reliefs sought.
