Supreme Court Asked to Dismiss PDP Governors’ Challenge to Rivers State Emergency Rule Amid Procedural Flaws

The National Assembly has filed a preliminary objection at the Supreme Court seeking dismissal of the lawsuit brought by 11 PDP governors against the declaration of a state of emergency in Rivers State.

The objection, dated April 22, 2025, claims the suit is procedurally defective and without merit, requesting the court to impose a N1 billion cost on the governors for filing what it calls a “frivolous and speculative suit”.

President Bola Tinubu declared the emergency on March 18, 2025, suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the entire Rivers State House of Assembly for six months. Rear Admiral Ibokette Ibas (retd.) was appointed sole administrator. The National Assembly ratified the emergency declaration by voice vote.

The PDP governors from 11 states challenged the President’s power to suspend elected officials and replace them with an unelected administrator, arguing that the Attorney-General’s threats to suspend state officials violate constitutional federalism. They also questioned the National Assembly’s approval process, which used a voice vote instead of the constitutionally required two-thirds majority.

The governors sought a court declaration that the emergency proclamation and suspensions were unlawful, and requested an injunction to prevent future interference with state offices. They also asked the court to nullify the official Gazette No. 47 of 2025, which formalized the emergency.

The National Assembly countered that the plaintiffs failed to give the mandatory three-month pre-action notice and did not obtain necessary resolutions from their State Houses of Assembly. It argued that no threat came from the Assembly, so there is no cause of action against it. The Assembly accused the plaintiffs of abusing court processes by trying to dictate how it exercises its constitutional functions.

The Assembly’s legal representative, Godswill Onyegbu, emphasized the lack of jurisdiction and locus standi, urging the court to dismiss the suit and award N1 billion in costs against the plaintiffs.