ABUJA, Nigeria — President Bola Tinubu has asked the Supreme Court to dismiss a legal challenge filed by governors of 11 Peoples Democratic Party (PDP)-controlled states, contesting his Tuesday, March 18, 2025, declaration of a state of emergency in Rivers State and the suspension of all elected officials in the state, including Governor Siminalayi Fubara.
The president, who was not directly named as a defendant, made the request through the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), who is listed as the first defendant in the suit.
The National Assembly is named as the second defendant.
In a notice of preliminary objection filed on Friday, May 9, 2025, and obtained by Premium Times, the AGF argued that the Supreme Court lacks the jurisdiction to entertain the suit, which he described as “hypothetical, academic [and] speculative.”
Citing Section 232(1) of the Nigerian Constitution, Fagbemi contended that the case does not fall within the apex court’s original jurisdiction, which is limited to disputes between the federal government and a state, or between states.
“The plaintiffs have not disclosed any dispute between them and the Federation and have also not disclosed any cause of action,” Fagbemi wrote in the filing.
“In the premises, we urge the Supreme Court to uphold this contention and dismiss the plaintiffs’ suit.”
The suit, originally filed in March by attorneys-general representing seven PDP-controlled states, later expanded to include 11 states.
However, Governor Sheriff Oborevwori of Delta State has since defected to the ruling All Progressives Congress (APC), and Governor Umo Eno of Akwa Ibom has publicly endorsed Tinubu’s re-election bid, sparking speculation about a possible defection.
President Tinubu had on March 18 declared emergency rule in Rivers State, citing political instability and violence, including attacks on oil infrastructure.
He suspended Governor Fubara, Deputy Governor Ngozi Odu, and the entire State House of Assembly. Vice Admiral Ibok-Ete Ibas (rtd.) was appointed Sole Administrator of the state.
In a sworn affidavit submitted alongside the preliminary objection, the Special Assistant to the President on Arbitration, Drafting and Regulations, Taiye Hussain Oloyede, defended the president’s action, arguing that a breakdown of public order justified the emergency declaration.
He also disputed the plaintiffs’ claim that the National Assembly’s approval of the emergency was procedurally flawed.
“The constitution does not stipulate that the resolution of a two-thirds majority shall be by physical counting of votes by each House of the National Assembly,” he stated.
Oloyede suggested that the governors were acting out of fear that similar actions could be taken in their own states, saying, “The governors were driven into panic mode by their own imaginary fears.”
“It is in the interest of justice to dismiss this (plaintiffs’) suit with punitive cost as the same has been brought not to redress any alleged wrong, but to harass and scandalise the president for political advantage,” he added.
The Supreme Court has not yet scheduled a hearing date for the case.
