The National Assembly has called on the Supreme Court to reject the lawsuit filed by 11 governors from the Peoples Democratic Party (PDP), which contests President Bola Tinubu’s recent declaration of a state of emergency in Rivers State.
In a preliminary objection submitted on April 22, 2025, the federal legislature dismissed the case as legally groundless and urged the apex court to strike it out. The lawmakers also demanded that the court impose a ₦1 billion penalty on the governors for what they described as a speculative and unsubstantiated legal action.
Why the Lawsuit Was Filed.
President Tinubu’s controversial proclamation, made on March 18, 2025, led to the temporary suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the entire Rivers State House of Assembly. A retired naval officer, Rear Admiral Ibokette Ibas, was appointed as the interim administrator to run the state’s affairs during the six-month emergency period.
The National Assembly gave its backing to the presidential decision through a voice vote.
Challenging this move, governors from 11 PDP-controlled states — including Adamawa, Delta, Enugu, Bayelsa, and Akwa Ibom — filed a suit (SC/CV/329/2025) at the Supreme Court. They argue that the President’s action was unconstitutional and undermines Nigeria’s federal structure.
Core Issues Raised by the Governors.
In the court filing, the governors raised several constitutional questions:
- Can the President lawfully suspend elected state officials under a state of emergency?
- Is the replacement of elected state leaders with appointees consistent with democratic principles?
- Did the National Assembly violate constitutional procedure by using a voice vote rather than securing a two-thirds majority?
- Are threats by the Attorney-General, acting on behalf of the President, to suspend other state officials constitutionally valid?
They requested the court to declare the emergency declaration in Rivers State invalid and to block any similar federal intervention in other states.
What the Governors Are Seeking.
Among the key reliefs sought are:
- A permanent injunction preventing the federal government from suspending or interfering with any state governor, deputy governor, or legislative assembly through emergency powers.
- A court ruling voiding the official government publication that formalized the Rivers State emergency.
- A declaration that the President’s and Attorney-General’s actions violated Nigeria’s 1999 Constitution and the doctrine of federalism.
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In its objection, the National Assembly insisted the Supreme Court lacks the authority to hear the case — particularly in relation to legislative procedures. The Assembly accused the governors of politicizing constitutional provisions and urged the court to dismiss the case entirely, warning that allowing such suits could destabilize the country’s legal framework.
