The National Assembly has urged the Supreme Court to dismiss the suit filed by 11 Peoples Democratic Party governors challenging the declaration of a state of emergency in Rivers State.
The federal legislature, in its response, contended that the plaintiffs’ suit was procedurally flawed and lacked merit..
It argued that the court lacks the jurisdiction to entertain the suit and should award N1bn in costs against the plaintiffs for filing what it termed a “frivolous and speculative suit.”
President Bola Tinubu had declared a state of emergency in Rivers State on March 18, 2025, suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members of the State House of Assembly for an initial period of six months.
Following the suspension, Tinubu appointed Rear Admiral Ibokette Ibas (retd.) as the sole administrator to oversee the state’s affairs during the suspension period.
The National Assembly ratified the President’s declaration through a voice vote
The PDP Governors, in suit number SC/CV/329/2025, approached the Supreme Court to challenge the President’s powers to suspend a democratically elected state institution and replace it with an unelected one.
The plaintiffs in the suit are the governors of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States.
The Attorney-General of the Federation and the National Assembly are listed as the 1st and 2nd defendants, respectively, in the suit.
All 11 states in the suit asked the apex court to determine six constitutional questions, including whether the President of Nigeria can lawfully suspend or interfere with the offices of a governor and deputy governor and replace them with an unelected appointee under the guise of a state of emergency proclamation.
They further requested the court to determine whether the Attorney-General’s threat, acting on behalf of the President, to suspend the offices of governors and deputy governors by virtue of such proclamations contravenes the provisions of the 1999 Constitution of the Federal Republic of Nigeria and principles of constitutional federalism.
The plaintiffs also questioned whether the National Assembly could approve a state of emergency proclamation, including suspension of state executives and legislatures by a simple voice vote rather than the constitutionally required two-thirds majority of all members of each chamber.
In their reliefs, the plaintiffs sought the declarations that the President cannot lawfully suspend or interfere with the offices of governors and deputy governors or replace them with unelected nominees under a state of emergency.
They argued that the President cannot lawfully suspend a State House of Assembly under such circumstances.
They further contended that the Attorney-General’s threats to suspend state officials are unconstitutional and violate the principles of federalism and that the National Assembly cannot approve such proclamations through voice votes without a two-third majority.
Additionally, they prayed for a perpetual injunction restraining the defendants from interfering with state offices through state of emergency proclamations
