The political battle over President Bola Tinubu’s declaration of a state of emergency in Rivers State has intensified, with the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), initiating preparations to defend the President at the Supreme Court.
In response, 11 governors from the Peoples Democratic Party (PDP) have assembled a powerful legal team comprising 11 Senior Advocates of Nigeria (SANs) and six other legal experts to challenge the President’s constitutional authority in the matter.
The Legal Showdown
The PDP governors are contesting the legality of the President’s decision to:
- Declare a state of emergency in Rivers State,
- Suspend Governor Siminalayi Fubara, his deputy Ngozi Odu, and the entire House of Assembly,
- And appoint Vice Admiral Ibok-Ete Ibas (retd.) as sole administrator of the state for an initial six-month period.
Their lawsuit, filed at the Supreme Court under Suit No: SC/CV/329/2025, raises fundamental constitutional questions. The governors are asking the court to interpret whether the President has the power—under Sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Constitution—to unilaterally suspend elected officials and appoint an unelected individual in their place.
They argue that the President’s actions are unconstitutional, undermine democratic governance, and violate the principles of federalism enshrined in the Constitution.
The plaintiffs include governors from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.
Legal Teams and Response
Top legal figures on the PDP side include SANs like Bolaji Ayorinde, Eyitayo Jegede, Kamaldeen Ajibade, and others. Additional lawyers include M.S. Atolagbe, Ezenwa Ibegbunam, Chiamaka Anagu, and Abduljalil Musa.
Sources within the AGF’s office confirmed that work is already underway on the President’s legal response. “My colleagues are currently drafting the documents,” a source said.
The Supreme Court is yet to set a date for the hearing.
Parallel Legal Action in Port Harcourt
In a related development, a Federal High Court in Port Harcourt has fixed May 12 for the substantive hearing of a suit challenging the same emergency declaration. The case, FHC/PH/CS/50/2025, was filed by former House of Reps member Farah Dagogo, who is seeking to nullify the President’s actions.
The court granted an application for substituted service due to difficulties in personally serving the defendants, including President Tinubu, the National Assembly leaders, and Vice Admiral Ibas.
National Assembly Steps In
The House of Representatives has also announced plans to inaugurate an ad-hoc committee on Tuesday to oversee legislative functions in Rivers State, citing the emergency proclamation and constitutional provisions under Section 11(4).
House spokesman Akin Rotimi stated that the proclamation was carefully amended to safeguard democratic principles and shift oversight responsibility from the Federal Executive Council to the National Assembly.
The ad-hoc committee will be chaired by House Leader Prof. Julius Ihonvbere, with Minority Whip as deputy. Members include Isiaka Ibrahim, Idris Wase, Muktar Betara, Sada Soli, and several others. The secretariat will be led by Prof. Jake Dan-Azumi.
