Abuja, Nigeria – President Bola Ahmed Tinubu has called on the Supreme Court to dismiss a lawsuit filed by governors from the opposition Peoples Democratic Party (PDP) challenging his declaration of emergency rule in Rivers State and the suspension of all its elected officials.
On March 18, 2025, Tinubu declared a state of emergency in Rivers State, removing Governor Siminalayi Fubara, his deputy Ngozi Odu, and the entire state legislature. He immediately appointed retired Vice Admiral Ibok-Ete Ibas as Sole Administrator of the state.
PDP Governors Challenge Presidential Action
Initially filed by seven states and later expanded to 11, the suit contests the legality of Tinubu’s actions. However, political dynamics have since shifted, with one plaintiff—Delta State Governor Sheriff Oborevwori—defecting to the ruling All Progressives Congress (APC). Governor Umo Eno of Akwa Ibom has also publicly backed Tinubu’s second term bid and is rumored to be considering defection.
The suit was filed through the respective attorneys-general of the states, naming the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), as the first defendant, and the National Assembly as the second.
Presidency Files Preliminary Objection
In a preliminary objection submitted on May 9, Fagbemi challenged the Supreme Court’s jurisdiction to hear the case, arguing that it falls outside the court’s original jurisdiction under Section 232(1) of the Nigerian Constitution, which applies only to disputes between the federation and states, or between states.
“The plaintiffs disclosed no legal dispute with the federation nor any justiciable cause of action,” Fagbemi stated.
He described the lawsuit as speculative and politically motivated, asserting that the states lacked the legal standing to file the suit and accusing them of abusing court process.
National Security Justified Emergency Declaration – Presidency
In an affidavit filed by Taiye Hussain Oloyede, Special Assistant to the President on Arbitration, Drafting, and Regulations, the presidency defended the emergency rule by citing internal conflict in the Rivers government and attacks on oil infrastructure.
“The political crisis and sabotage of oil facilities justified the president’s decision to declare emergency rule,” Oloyede said.
He also defended the National Assembly’s voice vote approval of the declaration, arguing it met constitutional standards.
Oloyede further claimed the PDP governors filed the suit out of fear that similar actions could be taken against their own states in the future.
“This suit was filed not to correct a wrong but to politically harass and scandalise the president,” he told the court.
The Supreme Court has not yet scheduled a hearing for the case.
