PDP Govs’ Suit Over Fubara’s Suspension Faces Delay As Court Papers Are Not Served, Ministry Of Justice Source Claims

When our correspondent approached a state counsel at the Ministry of Justice, Abuja, last month, he was informed that the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), had not been served with the court papers. The state counsel, who requested anonymity, stated, “We haven’t seen it.” This delay in the service of the court papers has raised questions about the timing of the legal process, particularly as the suit aims to challenge the powers of President Bola Tinubu.

The PDP governors filed the suit to contest the suspension of Governor Fubara, his deputy, Mrs. Ngozi Odu, and all elected members of the Rivers State House of Assembly. They are also challenging the declaration of a state of emergency in Rivers State by President Tinubu. The suit, filed at the Supreme Court under the reference number SC/CV/329/2025, urges the apex court to clarify whether the President has the constitutional authority to suspend a democratically elected state structure and appoint a sole administrator.

The governors are also questioning the constitutional legitimacy of the state of emergency declaration and its impact on the offices of the governor, deputy governor, and the state legislature. They argue that the suspension of the Rivers State government and its replacement with a sole administrator, under the guise of a state of emergency, infringes upon the principles of constitutional federalism.

While the media reported that the suit had been filed, the confirmation from Ministry of Justice sources suggests a delay in the legal process. The sources indicated that the Ministry had been preparing its response in anticipation of the service but is currently awaiting the official court papers. “We have our response ready because for three days we started reading books to prepare, but we have yet to be served. We are still waiting,” said a source within the Ministry.

The legal action follows weeks of speculation about the governors’ next steps after the President’s decision to suspend Governor Fubara. Bayelsa State Governor, Duoye Diri, who is also the Chairman of the South-South Governors’ Forum, had previously called for the reversal of the emergency rule and the reinstatement of Governor Fubara. However, he refrained from commenting on the legal suit at that time.

The PDP governors are seeking the Supreme Court’s intervention to clarify whether the President has the power to suspend the elected government structures in a state and to determine if the suspension of the state legislature under a state of emergency is unconstitutional.

The legal challenge, filed by the Attorney Generals of the 11 states—Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa—has set the stage for a constitutional interpretation of the powers of the President in relation to state governance. The plaintiffs argue that the President’s actions violate several constitutional provisions, including the right of the states to self-govern and the separation of powers between the federal and state governments.