The Federal Government has constituted a formidable legal team comprising 10 Senior Advocates of Nigeria (SANs), led by former Attorney General of the Federation, Chief Akin Olujinmi (SAN), to defend the controversial declaration of a state of emergency in Rivers State before the Supreme Court. This development follows a suit filed by 11 governors of the Peoples Democratic Party (PDP) challenging the constitutionality of the suspension of democratic governance in the oil-rich state.
The legal team also includes Prof. Kanyinsola Ajayi, Jelili Owonikoko, Kehinde Ogunwumiju, Tijani Gazali, Babatunde Obama, Olawale Fapohunda, Olumide Olujinmi, Akinyemi Olujinmi, and Ademola Abimbola. Other supporting counsel 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 the entire State House of Assembly for six months. Retired military officer Ibokette Ibas was appointed as Sole Administrator to oversee the state’s affairs during the suspension.
The National Assembly subsequently ratified the emergency declaration via a voice vote, a move now contested at the apex court.
Governors of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States jointly filed the suit marked SC/CV/329/2025 through their respective Attorneys General. They contend that the President has no constitutional authority to suspend elected state officials or replace them with unelected appointees under the guise of emergency rule.
The plaintiffs raised six constitutional questions before the Supreme Court, arguing that the President’s actions violated the 1999 Constitution and undermined the principles of federalism. They also challenged the National Assembly’s voice vote approval, asserting that a two-thirds majority vote in both chambers is constitutionally required for such proclamations.
In their prayers, the governors are seeking a declaration that the President’s actions are unconstitutional, nullification of the emergency proclamation as published in Official Gazette No. 47 of 2025, and a perpetual injunction restraining further interference in the governance of any state through emergency proclamations.
In response, the Federal Government filed a five-ground preliminary objection and a counter-affidavit dated May 9, 2025, through Chief Akin Olujinmi (SAN). The AGF contends that the Supreme Court lacks jurisdiction, as the matter does not fall within its original jurisdiction under Section 232(1) of the Constitution.
The Federal Government argues that the suit is speculative, academic, and constitutes an abuse of court process. It maintains that no justiciable dispute exists between the Federation and the plaintiffs and that the governors lack the locus standi to institute the suit.
A counter-affidavit sworn by Taiye Oloyede, Special Assistant to the President on Arbitration and Regulations, details the events that led to the emergency declaration. He cited a breakdown in governance due to a deep rift between Governor Fubara and a majority faction of the House of Assembly. According to Oloyede, the governor failed to present an Appropriation Bill, demolished the Assembly building, and allowed only loyal legislators to meet in his office.
Oloyede stated that militants openly threatened violence, critical infrastructure was under attack, and the governor took no visible action. He further explained that the Supreme Court’s earlier ruling in related appeals underscored the necessity of all three arms of government being functional in any state.
The counter-affidavit emphasized that President Tinubu, after unsuccessful peace interventions, declared the emergency to prevent further deterioration of public order.
In its own preliminary objection dated April 22, 2025, the National Assembly argued for dismissal of the suit, citing lack of jurisdiction and failure of the plaintiffs to follow due process. The legislature argued that the plaintiffs did not serve the mandatory three-month pre-action notice and failed to obtain the requisite resolutions from their state Houses of Assembly to initiate the legal action.
The Assembly further asked the court to impose a ₦1 billion cost against the governors for filing what it described as a “frivolous and speculative suit.”
There are strong indications that the Supreme Court may announce a hearing date for the matter this week.