The National Assembly has filed a preliminary objection urging the Supreme Court to dismiss a suit brought by 11 Peoples Democratic Party (PDP) governors challenging the declaration of a state of emergency in Rivers State. The legislature described the suit as frivolous and procedurally flawed, requesting a N1 billion cost against the governors.
The objection, dated April 22, 2025, argues that the Supreme Court lacks the jurisdiction to hear the case, especially in relation to the National Assembly, which is named as the second defendant. The Attorney-General of the Federation is the first defendant.
The suit, filed by the governors of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa, challenges President Bola Tinubu’s March 18 proclamation of a state of emergency in Rivers State. The action suspended Governor Siminalayi Fubara, his deputy, and the State House of Assembly for six months, with Rear Admiral Ibokette Ibas (retd.) appointed as sole administrator.
The PDP governors argue that the President has no constitutional authority to suspend elected officials or replace them with unelected administrators, even under emergency powers. They are seeking declarations to that effect, a nullification of the emergency proclamation published in Official Gazette No. 47 of 2025, and a perpetual injunction preventing similar actions in their states.
In its response, the National Assembly said the suit lacked legal standing and failed to meet procedural requirements, including the mandatory three-month pre-action notice to the Clerk of the Assembly as stipulated under Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017. It also noted that the plaintiffs did not obtain resolutions from their respective state assemblies, a requirement for invoking the Supreme Court’s original jurisdiction under the 2002 Supreme Court (Original Jurisdiction) Act.
According to an affidavit filed by Godswill Onyegbu of the National Assembly’s Directorate of Legal Services, the governors had no legal grounds to sue the legislature. Onyegbu emphasized that the National Assembly had issued no threats nor taken direct actions against the plaintiff states and argued that the suit was based solely on statements made by the Attorney-General.
The Assembly further contended that the PDP governors were trying to dictate how it carries out its constitutional duties, particularly concerning the use of voice votes in approving emergency declarations, as allowed under Section 305 of the 1999 Constitution.
Describing the lawsuit as speculative, baseless, and an abuse of judicial process, the National Assembly called for its dismissal and asked the Supreme Court to award N1 billion in costs jointly and severally against the governors.
It maintained that the plaintiffs had neither suffered any special injury nor presented a valid legal dispute requiring the court’s intervention.
The Supreme Court is expected to determine whether it will proceed with the suit or uphold the National Assembly’s objection.
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