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High Court Sets Hearing Date for Lawsuit on Rivers Emergency Rule Amidst Government's Retainment of Senior Legal Professionals for Court Fight

High-profile constitutional case presented by 11 Peoples Democratic Party (PDP) governors is likely to have a hearing date set by the Supreme Court on forthcoming Monday

,   and  ASMedia
4 min read
High-profile constitutional lawsuit filed by 11 PDP governors likely to receive a hearing date...
High-profile constitutional lawsuit filed by 11 PDP governors likely to receive a hearing date announcement from the Supreme Court today (Monday).

Seven days a week, the courts are a hive of activity, and today (Monday) is no exception. The nation eagerly awaits the Supreme Court's decision regarding the hearing date of a high-stakes constitutional suit. Filed by 11 rival Peoples Democratic Party (PDP) governors, the lawsuit challenges the Federal Government's mandate to implement an emergency rule in Rivers State.

Back in March 2025, President *Bola Ahmed Tinubu, with a firm hand, declared a state of emergency in the oil-rich state, sweeping aside Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the State House of Assembly for a six-month term. In their stead, the president appointed the experienced retired naval officer Ibokette Ibas* as interim administrator. The National Assembly subsequently approved this move via a voice vote.

In response to the constitutional challenge, the Federal Government has gathered a tenacious 16-member legal team, helmed by former Attorney General of the Federation, Chief Akin Olujinmi (SAN). Some notable members of this robust lineup include Prof. Kanyinsola Ajayi, Jelili Owonikoko, Kehinde Ogunwumiju, Tijani Gazali, Babatunde Obama, Olawale Fapohunda, Olumide Olujinmi, Akinyemi Olujinmi, and Ademola Abimbola.

Assisting this hard-hitting team are additional legal experts such as Akinsola Olujinmi, Oluwole Ilori, Abdulwahab Abayomi, Mojeed Balogun, Jideuche Ezi, and Ramat Tijani. These legal lions have rallied together, filing a preliminary objection and a counter-affidavit dated May 9, 2025, urging the Supreme Court to quash the PDP governors' claims on several premises.

The Governors' Case at a Glance

The 11 governors, including Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa, filed the suit SC/CV/329/2025. Embarking on a mission to interpret the president's powers under the Constitution, their primary goals are to:

  1. Determine if the president has the constitutional right to suspend elected governors, deputy governors, and legislatures under a state of emergency, and replace them with unelected appointees.
  2. Assess whether the National Assembly appropriately granted its approval through a voice vote.
  3. Question the legality of the emergency proclamation published in the Official Gazette No. 47 of 2025.

Responding to these allegations, the Plaintiffs seek a declaration nullifying the emergency declaration, along with an injunction to halt the Federal Government from taking such actions in the future.

Government Counters with Jurisdiction and Legitimacy

Disputing the suit's merit, the Office of the Attorney General of the Federation (AGF) argues that the claim does not fall under the Supreme Court's original jurisdiction as outlined in Section 232(1) of the 1999 Constitution. Dismissing the suit as "hypothetical, academic, speculative, and an abuse of court process," the AGF claims both parties lack genuine legal disputes and the governors have no claim to initiate the action.

In the suit against the PDP governors, the AGF insists on their lack of standing (Locus Standi) as neither their individual nor their collective states face any legal issues with the federal government that could warrant such a lawsuit.

National Assembly Shares the Same Stand

The National Assembly too stands as the suit's second defendant, filing a preliminary objection and counter-affidavit on April 22, 2025. Alongside the AGF's arguments, it echoes the message that the PDP governors have failed to follow due process.

Specifically, the legislature alleges the governors:

  1. Failed to issue the required three-month pre-action notice to the Clerk of the National Assembly under Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017.
  2. Lacked authorization from their respective State Houses of Assembly to initiate this suit.

With the government and the National Assembly both seeking the suit's dismissal, the Supreme Court's decision will inevitably have a lasting impact on the political landscape of the nation.

  1. The 11 PDP governors, representing various states including Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa, have brought their legal challenge to the Supreme Court over the Federal Government's implementation of an emergency rule in Rivers State, which was declared by President Bola Ahmed Tinubu in March 2025.
  2. In response, President Tinubu's legal team, led by Chief Akin Olujinmi (SAN), has assembled a formidable 26-member team, including distinguished lawyers like Prof. Kanyinsola Ajayi, Jelili Owonikoko, Kehinde Ogunwumiju, Tijani Gazali, Babatunde Obama, and Olawale Fapohunda.
  3. The governors' lawsuit, filed under SC/CV/329/2025, seeks a declaration nullifying the emergency declaration in Rivers State, an oil-rich region that was placed under a six-month term of martial rule, replacing Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the State House of Assembly.
  4. The Office of the Attorney General of the Federation (AGF) counters that the suit does not fall under the Supreme Court's original jurisdiction as outlined in Section 232(1) of the 1999 Constitution, questioning the governors' standing (Locus Standi) to initiate the action and contending that both parties lack genuine legal disputes.
  5. The National Assembly, the suit's second defendant, also shares this sentiment, filing a preliminary objection and counter-affidavit on April 22, 2025, arguing that the governors failed to issue the required three-month pre-action notice to the Clerk of the National Assembly under Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017, and lacking authority from their respective State Houses of Assembly to initiate the legal action.
  6. As the Supreme Court prepares to make a landmark decision, Navigating through politics, policy-and-legislation, crime-and-justice, general-news, and war-and-conflicts, the outcome of this case will have significant implications for Nigeria's future and the checks and balances of its democracy.
  7. Amidst the anticipation, the Presidency, the PDP governors, the AGF, and the National Assembly each await the Supreme Court's decision, which looms over the political landscape of Nigeria, the country fondly referred to as 'Naija.'

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