The Federal Government has assembled a heavyweight legal team, including 12 Senior Advocates of Nigeria (SANs), led by former Attorney General of the Federation, Chief Akin Olujinmi (SAN), to defend the controversial state of emergency declared in Rivers State. This move follows a lawsuit filed by 11 Peoples Democratic Party (PDP) governors challenging the suspension of democratic governance in the state.
President Bola Tinubu declared a state of emergency in Rivers on March 18, 2025, suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the State House of Assembly. The National Assembly ratified the decision, appointing retired Rear Admiral Ibokette Ibas as the sole administrator for an initial six-month period.
Dissatisfied, PDP governors from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States, filed a lawsuit before the Supreme Court, questioning the President’s authority to dissolve state institutions and replace them with unelected appointees under emergency proclamations.
Governors’ Legal Argument
The governors, through their Attorneys General, argue that:
- The President lacks the constitutional authority to suspend state executives or legislatures.
- The National Assembly’s ratification of the proclamation via a voice vote contravenes the constitutional requirement of a two-thirds majority.
- Emergency declarations that suspend democratic institutions undermine federalism and violate constitutional provisions.
The plaintiffs are seeking the nullification of the proclamation and an injunction barring the Federal Government from interfering in state governance under similar circumstances.
FG’s Counterarguments
The Federal Government, in a preliminary objection, described the lawsuit as speculative and frivolous. Chief Olujinmi argued that:
- The suit falls outside the Supreme Court's original jurisdiction.
- The plaintiffs lack a justiciable dispute or standing to sue.
- The state of emergency was necessary to restore order in a politically gridlocked Rivers State, where governance had stalled due to conflicts between the governor and state legislators.
A Crisis in Governance
The government cited escalating violence, economic sabotage, and political stalemates as justification for the emergency rule. According to affidavits, the Rivers governor had allegedly obstructed legislative processes and allowed militants to terrorize opposition members. The government claims the measures taken were extraordinary but necessary to restore peace and stability.
National Assembly Joins Battle
The National Assembly has also filed objections, arguing procedural lapses in the governors’ lawsuit, including the absence of required pre-action notices and authorizations from state legislatures. It has called for the dismissal of the suit, labeling it an abuse of judicial process.
Legal Showdown Looms
As the Supreme Court prepares to announce a hearing date, this high-stakes legal battle could redefine the boundaries of federal and state powers in Nigeria, sparking heated debates over the constitutionality of emergency declarations and the role of the presidency in state governance.
