President Bola Tinubu has urged the Supreme Court to dismiss a lawsuit filed by 11 governors from the Peoples Democratic Party (PDP) challenging his declaration of a state of emergency in Rivers State and the suspension of the state’s elected officials.
On March 18, 2025, President Tinubu declared a state of emergency in Rivers, suspending Governor Siminalayi Fubara, his deputy Ngozi Odu, and all state lawmakers. He appointed retired Vice Admiral Ibok-Ete Ibas as the state’s sole administrator.
In response, PDP governors from 11 states—initially seven—filed a suit through their attorneys-general. Notably, Delta State Governor Sheriff Oborevwori has since defected to the ruling All Progressives Congress (APC), while Akwa Ibom State Governor Umo Eno, though still in the PDP, has openly supported Tinubu’s second-term bid and is rumored to be considering a defection.
The suit, filed against the Attorney-General of the Federation (AGF), Lateef Fagbemi (SAN), and the National Assembly as first and second defendants respectively, did not name President Tinubu directly.
However, in a preliminary objection filed on May 9, the AGF challenged the Supreme Court’s jurisdiction to hear the case. The objection argued that the suit does not fall under the court’s original jurisdiction as outlined in Section 232(1) of the Constitution, which applies only to disputes between the federation and a state, or between states.
The AGF maintained that the plaintiffs failed to disclose any valid dispute with the federation or a clear cause of action. He further described the suit as an abuse of court process and contended that the governors lacked the legal standing to institute the action, labeling it “hypothetical, academic, and speculative.”
“In the premises, we urge the Supreme Court to uphold this contention and dismiss the plaintiffs’ suit,” Fagbemi stated.
Supporting the objection, the Special Assistant to the President on Arbitration, Drafting, and Regulations, Taiye Hussain Oloyede, submitted an affidavit defending the president’s decision. He cited the political crisis in Rivers State, including the rift between the governor and lawmakers and attacks on oil facilities, as justifying the declaration of emergency and suspension of elected officials.
Oloyede also backed the National Assembly’s approval of the emergency rule, asserting that the constitution allows the legislature to approve such declarations without mandating voice votes be counted individually.
He accused the governors of filing the suit out of fear that their states might face similar declarations, describing their action as politically motivated.
“It is in the interest of justice to dismiss this suit with punitive cost as it was brought not to redress any alleged wrong, but to harass and scandalise the president for political advantage,” Oloyede told the court.
The Supreme Court has not yet scheduled a hearing date for the case.
Edited by Nzubechukwu Eze.
