Rivers Crisis: National Assembly Urges Supreme Court to Dismiss PDP Governors’ Suit, Seeks ₦1bn in Damages
The National Assembly has asked the Supreme Court to dismiss a lawsuit filed by 11 Peoples Democratic Party (PDP) governors challenging a possible declaration of a state of emergency in Rivers State.
In a preliminary objection, the National Assembly argued that the suit is procedurally defective, lacks merit, and falls outside the court’s jurisdiction, particularly regarding its role as the second defendant. It has asked the court to award ₦1 billion in costs against the plaintiffs for what it described as a frivolous and speculative case.
According to the National Assembly, the governors failed to issue the required three-month pre-action notice to the Clerk of the Assembly as mandated by Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017. Additionally, they did not obtain resolutions from their respective state assemblies, a prerequisite for invoking the Supreme Court’s original jurisdiction under the Supreme Court (Original Jurisdiction) Act, 2002.
The 11 PDP governors—representing Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa—had filed the suit to contest the federal government’s power to suspend a democratically elected state government under the guise of a state of emergency.
However, the National Assembly argued that none of the threats cited in the suit originated from it or any of its members. The body emphasized that the allegations were based on a public statement made by the Attorney-General of the Federation, the first defendant, and that no cause of action had been established against the legislature.
Godswill Onyegbu, a legal officer at the National Assembly, reinforced the objection in an affidavit, arguing that the plaintiffs lacked the legal standing (locus standi) to sue and failed to demonstrate any specific harm suffered. He maintained that the suit seeks to improperly direct how the National Assembly exercises its constitutional powers under Section 305 of the 1999 Constitution.
He concluded by urging the court to strike out the suit and impose ₦1 billion in costs against the governors, stating that they have no legal right to seek a perpetual injunction against the National Assembly.
