In a significant legal showdown, Nigerian President Bola Ahmed Tinubu has urged the Supreme Court to dismiss a lawsuit filed by governors from the Peoples Democratic Party (PDP) challenging his declaration of emergency rule in Rivers State.
Background of the Case
On March 18, 2025, President Tinubu declared a state of emergency in Rivers State, citing political instability and threats to national security. The declaration led to the suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state legislature. In their place, Tinubu appointed Vice Admiral Ibok-Ete Ibas (rtd.) as Sole Administrator of the state.
The lawsuit was initially filed by seven PDP-controlled states, later expanding to 11, with their respective attorneys-general challenging the constitutionality of the declaration. Political dynamics have since influenced the case, notably the defection of Governor Sheriff Oborevwori of Delta State to the All Progressives Congress (APC) and Governor Umo Eno of Akwa Ibom declaring support for Tinubu’s re-election bid.
Tinubu’s Legal Argument
Though President Tinubu is not directly named in the suit, Attorney-General of the Federation, Lateef Fagbemi (SAN), filed a preliminary objection on May 9, 2025, asserting that the Supreme Court lacks jurisdiction. He argued that the case does not fall within the court’s original jurisdiction, which only covers disputes between the Federation and states or between states.
Fagbemi characterized the suit as hypothetical and speculative, contending that the PDP governors lack locus standi (legal standing) to bring the case. Supporting the federal government’s position, Taiye Hussain Oloyede, Special Assistant to the President on Arbitration, defended the emergency rule, citing a breakdown of public order and attacks on oil infrastructure.
PDP Governors’ Opposition
The PDP governors maintain that President Tinubu overstepped his constitutional bounds, arguing that Section 305 of the Nigerian Constitution does not authorize the president to suspend elected officials or appoint a sole administrator. They presented eight key legal questions before the court, seeking a determination on the legality of Tinubu’s actions.
National Assembly’s Response
The National Assembly, which approved the emergency rule via voice vote, has also moved to dismiss the suit. In their submission, lawmakers defended their decision as necessary for maintaining stability and national security. They further requested N1 billion in damages from the plaintiffs, labeling the case frivolous and speculative.
Implications of the Case
This legal battle could become a landmark decision in Nigerian constitutional law. At its core are questions about executive authority, constitutional limits, and the judiciary’s role in preserving democratic governance.
The Supreme Court’s ruling will not only determine the fate of Rivers State but could set a critical precedent for future declarations of emergency across Nigeria. As the country awaits the court’s verdict, both legal and political observers are watching closely to see how the judiciary balances national security concerns with constitutional protections.