Politics
Tinubu Urges Supreme Court to Dismiss PDP Governors’ Suit Challenging Rivers Emergency Rule
President Bola Tinubu has asked the Supreme Court to throw out a lawsuit filed by 11 states governed by the Peoples Democratic Party (PDP), challenging his declaration of a state of emergency in Rivers State and the suspension of its elected officials.
The emergency declaration, announced on 18 March, led to the suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the Rivers State House of Assembly. Tinubu then appointed a former Chief of Naval Staff, Ibok-Ete Ibas, as sole administrator of the oil-rich state.
In response, 11 PDP-controlled states — Adamawa, Akwa Ibom, Bauchi, Bayelsa, Delta, Enugu, Osun, Oyo, Plateau, Taraba, and Zamfara — filed a suit before the Supreme Court challenging the president’s action. The states, represented by their respective attorneys-general, argued that Tinubu’s suspension of elected officials was unconstitutional and amounted to executive overreach.
Initially, seven states filed the case in March, but the number grew to 11. However, political developments since then have cast uncertainty over the case. Governor Sheriff Oborevwori of Delta has defected to the ruling All Progressives Congress (APC), while Governor Umo Eno of Akwa Ibom has publicly endorsed Tinubu’s second-term bid and is reportedly considering a switch to the APC. It remains unclear whether these shifts will lead to a withdrawal from the suit.
The suit was filed against the Attorney-General of the Federation (AGF), Lateef Fagbemi, who represents the president, and the National Assembly, which swiftly approved the emergency declaration. Tinubu himself was not directly named as a defendant.
In a preliminary objection filed on 9 May, Mr. Fagbemi asked the Supreme Court to dismiss the suit on grounds of lack of jurisdiction. He argued that the matter does not fall under the court’s original jurisdiction, which, under Section 232(1) of the Constitution, is limited to disputes between the Federation and a state, or between states.
Fagbemi described the suit as “hypothetical, academic, and speculative,” and accused the PDP governors of abusing court process. He said the plaintiffs had no standing to bring the case since they had not shown any legal grievance against the federal government.
“It is in the interest of justice to dismiss this suit with punitive costs, as it has been brought not to redress any wrong but to harass and scandalise the president for political advantage,” Fagbemi submitted.
Supporting the AGF’s objection, the President’s Special Assistant on Arbitration, Drafting, and Regulations, Taiye Hussain Oloyede, filed an affidavit defending the emergency rule. He said the crisis between Governor Fubara and state lawmakers, along with attacks on oil facilities, justified the declaration of emergency and the suspension of the state’s elected officials.
Oloyede also defended the National Assembly’s approval of the emergency, arguing that the use of voice votes did not violate constitutional provisions, which he said do not mandate physical vote counting in securing a two-thirds majority.
He accused the governors of acting out of fear, suggesting they were worried Tinubu might extend similar actions to their states.
The PDP-led states, in their suit, posed eight fundamental legal questions to the court. They contend that the president lacks constitutional authority to suspend elected officials or impose a sole administrator under Section 305 of the Constitution.
The plaintiffs are asking the court to declare Tinubu’s actions — including the suspension of Governor Fubara and others, and the appointment of Ibas — unconstitutional, illegal, and null and void. They also seek a ruling that the National Assembly’s use of voice votes to approve the emergency violated constitutional requirements for a two-thirds majority.
The Supreme Court has not yet fixed a date for hearing the case, which is being closely watched amid mounting political tension and concerns over executive overreach in Nigeria’s federal system.
