PDP Govs Hire 11 Top Lawyers To Battle FG Over Rivers Emergency Rule As Reps Move To Take Over Legislative Functions

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), has begun drafting the response of President Bola Ahmed Tinubu to a suit filed by 11 governors of the Peoples Democratic Party (PDP) challenging the declaration of a state of emergency in Rivers State.

The suit also contests the suspension of Governor Siminalayi Fubara, who is also the Vice Chairman of the PDP Governors’ Forum.

The PDP governors, in response, have engaged a team of seven Senior Advocates of Nigeria (SANs) and six other attorneys to represent them in the Supreme Court. The legal team includes Bolaji Ayorinde, Eyitayo Jegede, Kamaldeen Ajibade, J.A. Mumuni, Musibau Adetunbi, Samuel Atung, and Yunus Abdulsalam, among others. They are challenging the President’s powers to declare emergency rule in a state and suspend a democratically elected institution.

The dispute was triggered by President Tinubu’s declaration of a state of emergency in Rivers State on March 18, 2025, which led to the suspension of Governor Fubara, his deputy Mrs. Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial period of six months. Vice Admiral Ibok Ete Ibas (retd.) was appointed as the sole administrator to oversee the affairs of the state during the suspension.

The National Assembly, comprising the Senate and the House of Representatives, supported the President’s decision through a voice vote. In response, the 11 PDP governors from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states filed a suit at the Supreme Court, questioning the legality of the President’s actions.

The suit, marked SC/CV/329/2025, specifically seeks the court’s interpretation of several sections of Nigeria’s Constitution. The governors are asking whether the President has the authority to suspend the offices of a state governor and deputy governor and replace them with an unelected sole administrator under the guise of a state of emergency. They also seek clarification on whether the President’s actions contradict the principles of constitutional federalism.

Sources within the AGF’s office confirmed that legal teams are actively working on the response to the suit. “As we speak, my colleagues are in the office working on the processes,” a source revealed. The Supreme Court has yet to set a date for the hearing of the case.

Meanwhile, in response to the emergency rule declaration, the House of Representatives is set to inaugurate an ad-hoc committee on Tuesday to assume the legislative functions of the Rivers State House of Assembly.

The committee will be tasked with ensuring that governance in the state remains within the bounds of constitutionalism and rule of law, as stipulated by the National Assembly.

The House spokesman, Akin Rotimi, noted that the National Assembly had subjected the President’s proclamation to rigorous legislative consideration, amending it to strengthen democratic safeguards. One key amendment was to designate the National Assembly, rather than the Federal Executive Council, as the oversight authority for all regulations issued under the emergency arrangement.

The newly formed committee will be chaired by House Leader, Prof. Julius Ihonvbere, with the House minority whip serving as the deputy chairman. Other members of the committee include Isiaka Ibrahim, Idris Wase, Muktar Betara, and Sada Soli, among others. The secretariat of the committee will be headed by Prof. Jake Dan-Azumi.

Rotimi emphasized that the development highlights the House of Representatives’ commitment to upholding the supremacy of the Constitution and ensuring that the extraordinary measures taken during the emergency period remain subject to legislative oversight, guided by principles of transparency and accountability.