The National Assembly has formally asked the Supreme Court to throw out the lawsuit filed by 11 Peoples Democratic Party (PDP) governors contesting the declaration of a state of emergency in Rivers State, okay.ng reports.
In a preliminary objection dated April 22, 2025, the federal legislature argued that the suit was procedurally defective and lacked legal merit, urging the court to dismiss it and impose a cost of N1 billion on the plaintiffs for what it described as a “frivolous and speculative suit”.
The emergency rule was declared by President Bola Tinubu on March 18, 2025, leading to the suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the Rivers State House of Assembly for six months. Rear Admiral Ibokette Ibas (retd.) was appointed as sole administrator to manage the state during this period. The National Assembly ratified this declaration via a voice vote.
The PDP governors-representing Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states-filed suit (SC/CV/329/2025) challenging the President’s authority to suspend elected state officials and replace them with an unelected administrator. They questioned the constitutionality of the Attorney-General’s threats to suspend state officials and challenged the National Assembly’s approval of the emergency declaration by voice vote rather than the constitutionally mandated two-thirds majority.
The plaintiffs sought declarations that the President’s actions and the suspension of the State House of Assembly were unlawful, and requested a perpetual injunction preventing such interference with state offices. They also asked the court to nullify the official Gazette No. 47 of 2025, which published the emergency proclamation.
In response, the National Assembly contended that the plaintiffs failed to follow due process, including not issuing the required three-month pre-action notice to the Clerk of the National Assembly, and not obtaining resolutions from their respective State Houses of Assembly authorizing the suit. It argued that no threat originated from the National Assembly, and therefore there was no cause of action against it. The Assembly also criticized the suit as an abuse of court process, attempting to interfere with its constitutional role in approving states of emergency.
The National Assembly’s legal officer, Godswill Onyegbu, stated that the plaintiffs lacked locus standi and that the Supreme Court lacked jurisdiction over the matter as constituted. He urged the court to dismiss the suit with a cost of N1 billion awarded against the plaintiffs in the interest of justice.
