The Federal Government has assembled 10 Senior Advocates of Nigeria, led by a former Attorney General of the Federation, Chief Akin Olujinmi (SAN) and six other lawyers to defend the emergency rule declaration in Rivers State in the suit filed by the 11 Peoples Democratic Party governors challenging the suspension of democratic rule in the oil-rich state.
The other Senior Advocates include Prof Kanyinsola Ajayi, Jelili Owonikoko, Kehinde Ogunwumiju, Tijani Gazali, Babatunde Obama , Olawale Fapohunda, Olumide Olujinmi, Akinyemi Olujinmi and Ademola Abimbola.
Other lawyers in the team are: Akinsola Olujinmi, Oluwole Ilori, Abdulwahab Abayomi, Mojeed Balogun, Jideuche Ezi and Ramat Tijani.
President Bola Tinubu 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, the President appointed Ibokette Ibas (retd.) as the sole administrator to oversee the state’s affairs for the duration of the suspension period.
The National Assembly subsequently ratified the President’s declaration through a voice vote.
Displeased, 11 PDP governors sued the AGF and the National Assembly as 1st and 2nd defendants, respectively, before the Supreme Court.
The plaintiffs are Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States.
The governors through their various state Attorneys General in a suit marked SC/CV/329/2025, asked the Supreme Court to determine what authority the President has to suspend a democratically elected state institution and replace it with an unelected one.
They 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 house.
In their reliefs, the plaintiffs sought 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-thirds majority.
Additionally, they prayed for a perpetual injunction restraining the defendants from interfering with state offices through state of emergency proclamations.
The plaintiffs sought an order nullifying the state of emergency proclamation in Rivers State as published in Official Gazette No. 47 of 2025.
They also requested, “An order of perpetual Injunction restraining the defendants from suspending or approving the suspension or in any way interfering with the offices of the Governor, the Deputy Governor and /or the House of Assembly of any of the Plaintiffs States by way of a Proclamation of State of Emergency or in any manner whatsoever or by any method howsoever.”
In response to the governors’ suit, the Federal Government in a five ground preliminary objection and counter-affidavit dated May 9, 2025, filed on its behalf by Chief Olujinmi (SAN), urged the Supreme Court to dismiss the PDP governors’ suit challenging the declaration of emergency rule in Rivers State.
The Attorney General of the Federation in a notice of preliminary objection asked the apex court to dismiss their suit as it did not fit into the original jurisdiction of the Supreme Court under section 232(1) of the 1999 constitution.
The AGF further noted that the jurisdiction of the court is exercisable only in dispute between the Federation of Nigeria and a state in so far as the dispute involves any question on which the existence or extent of a legal right depends.
The AG, however, emphasised that “the plaintiffs have not disclosed any dispute let alone a justiciable dispute between the Federation and them.’’
The AGF also argued that the suit has not disclosed any cause of action., noting that that the plaintiffs have no locus standi to institute the suit.
He added that the suit is hypothetical, academic , speculative and an abuse of court process.
