Tinubu asks Supreme Court to dismiss peoples democratic party governors’ suit against Rivers state emergency rule

The Nigeria’s President Bola Tinubu has asked the Supreme Court to dismiss the suit filed by controlled Peoples Democratic Party (PDP) Governors in some states challenging his suspension of all the elected officials of Rivers State under an emergency rule.

Penpushing reports that the Attorney General of Federation (AGF), Lateef Fagbemi, in a notice of preliminary objection filed on May 9, 2025 defend the president’s action challenged the jurisdiction of the Supreme Court to entertain the suit.

The Attorney General asked the court to dismiss the suit on the grounds that the suit did not fit into the original jurisdiction of the Supreme Court which under Section 232 (1) of the Nigerian constitution is exercisable only in a dispute between the Federation of Nigeria and a State or between states.

Penpushing further reports that the suit claimed the plaintiffs (the states) have not disclosed any dispute between them and the Federation and did not also disclose any cause of action, citing previous court judgements.

The Attorney General who is a Senior Advocate of Nigeria, argued that the suit is abuse of court process and maintaining that the plaintiffs have no locus standi to institute the suit which he described as hypothetical, academic speculative.

Penpushing also reports that in the notice, he pointed out that in the premises, urged the Supreme Court to uphold this contention and dismiss the plaintiffs’ suit

The Special Assistant to the President on Arbitration, Drafting and Regulations, Taiye Hussain Oloyede defended Tinubu’s action in an affidavit he swore to and filed in support of the preliminary objection.

Penpushing reports that Oloyede stated that the feud between the now suspended governor and the state lawmakers and as well as the attacks on oil facilities in the state were justifiable reasons for the declaration.

The Special Assistant argued that the political crises and attacks on oil facilities amounted to break down of order and public safety which necessitated the president’s declaration and suspension of Fubara and others.

Penpushing further reports that he equally defended the National Assembly’s approval of the emergency rule, emphasizing that they have reserved the constitutional power to only approve or reject the declaration.

The Special Assistant rejected the governors’ argument on the lawmakers’ use of voice votes, arguing that the constitution did not stipulate that the resolution of two-thirds majority shall be by physical counting of votes by each House of the National Assembly.

Penpushing also reports that Oloyede in his argument said the governors instituted the suit because they were driven into panic mode by their own imaginary fears, explaining that the President could declare a state of emergency in their states in the future.

“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 of the plaintiffs’, he said.

Penpushing reports that it is recalled that the President on March 18, 2025 declared the state of emergency and suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all the state lawmakers, and immediately appointed Ibok-Ete Ibas as the sole administrator for the state

The eleven states which include Adamawa State led by Governor Ahmadu Fintiri, Akwa Ibom led by Governor Umo Eno, Bauchi led by Governor Bala Muhammed, Bayelsa led by Governor Douye Diri, and Delta led Sheriff Oborevwori, irked by the suspension order filed the suit to challenge the president’s action.

Penpushing further reports that others are Enugu State led by Peter Mbah, Osun led by Ademola Adeleke, Oyo led by Seyi Makinde, Plateau led by Caleb Mutfwang, Taraba led by Agbu Kefas, and Zamfara led by Dauda Lawal.

The Governors like Fubara were all members of the Peoples Democratic Party (PDP) as of the time of the filing of the suit, however, just recently Governor Oborevwori of Delta State defected to the All Progressives Congress (APC) while Umo of Akwa Ibom has also declared support for Tinubu for second term, and is rumoured to be planning to decamp to the ruling party.

Penpushing also reports that as at the time of filing this report it was not clear if the political re-alignment in the two states would culminate in their withdrawal from the suit,

Meanwhile, as at the time of filing this reports the Supreme Court has yet to fix a date for the hearing of the suit.

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