President Bola Tinubu has urged the Supreme Court to throw out a suit filed by 11 Peoples Democratic Party (PDP)-led states challenging his declaration of a state of emergency in Rivers State and suspension of all its elected officials.
According to Premium Times, President Tinubu declared the emergency on March 18, suspending Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state legislature. He immediately appointed former Chief of Naval Staff, Ibok-Ete Ibas, as the sole administrator of the oil-rich state.
The move sparked legal action from 11 PDP-controlled states, including Adamawa, Akwa Ibom, Bauchi, Bayelsa, Delta, Enugu, Osun, Oyo, Plateau, Taraba, and Zamfara. They claimed the president overstepped his constitutional authority.
Though Governor Sheriff Oborevwori of Delta has since defected to the All Progressives Congress (APC) and Akwa Ibom Governor Umo Eno has shown support for Tinubu’s second-term bid, it remains unclear whether their states will continue with the suit.
The suit, filed through the attorneys-general of the 11 states, did not list President Tinubu directly but named the Attorney-General of the Federation, Lateef Fagbemi, and the National Assembly as defendants.
In a preliminary objection filed on May 9, the AGF asked the Supreme Court to dismiss the case, arguing it falls outside the court’s original jurisdiction under Section 232(1) of the constitution. He added that the states failed to prove any constitutional dispute with the federal government or establish a valid cause of action.
Fagbemi described the suit as “hypothetical, academic and speculative,” urging the court to dismiss it as an abuse of judicial process.
In an affidavit filed in support of the objection, Presidential aide Taiye Hussain Oloyede defended the suspension of Rivers officials. He cited political instability and attacks on oil facilities in the state as justification for the emergency declaration.
Oloyede also defended the National Assembly’s approval of the declaration through a voice vote, stating that the constitution does not require vote-by-count for a two-thirds resolution.
He alleged the governors filed the suit out of fear that similar action could be taken in their states, calling the case a politically motivated attempt to harass the president.
The Supreme Court is yet to fix a hearing date.
What the Governors Are Asking For
In the suit, the PDP governors asked the court to declare that President Tinubu acted unconstitutionally by suspending a democratically elected governor and assembly. They argued that the president lacks the authority to appoint a sole administrator under the guise of an emergency.
They also called on the court to nullify Mr. Ibas’ appointment and declare the emergency declaration invalid, claiming it did not meet the legal requirements under Section 305 of the constitution. Additionally, they argued that the National Assembly’s approval via voice vote was invalid, as the constitution demands a two-thirds vote by individual count.
