x

Rivers Emergency Rule: National Assembly Urges Supreme Court to Dismiss PDP Governors’ Suit, Seeks N1bn Penalty

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.

Hot this week

Editors Urge Government To Create Safe, Enabling Environment For Journalists

· Ask security agents to find missing Vanguard journalist As...

EXCLUSIVE: Buhari orders probe of Isa Funtua, AMCON over keystone and Etisalat

Following the controversy generated by the leading opposition party,...

6 Signs your boyfriend thinks you are ugly -Take note of No. 2

They say there are three kinds of people; the...

2023: South-East, Middle Belt Forum Endorses Peter Obi

The South-East and Middle Belt Forum has endorsed the...

Groups Back Tinubu’s Oil Sector Reforms, Caution Against Sponsored Protests‎

‎Says sector reforms will soon yield results‎‎Calls for an...

Peter Obi Declares 2027 Presidential Bid, Dismisses VP Speculations

Labour Party’s 2023 presidential candidate, Peter Obi, has confirmed...

BREAKING: Olubadan, Oba Olakulehin, Passes Away at 90 After One Year on Throne

The Olubadan of Ibadanland, Oba Owolabi Olakulehin, has passed...

Plateau Central Senator Diket Plang Loses Wife, Janet

By Israel Adamu, Jos Senator representing Plateau Central Senatorial District...

SGF position cannot stop North-Central from having National Chairman – APC Forum 

By Israel Adamu ,Jos  The North-Central All Progressives Congress (APC)...

KDSG commence free bus service for Civil Servants, Students

By Achadu Gabriel, Kaduna  The Kaduna Subsidized Transport Scheme (KSTS)...

NDDC Bolsters Bayelsa Communities with Essential Aid

Amgbare Ekaunkumo, Yenagoa  The Niger Delta Development Commission (NDDC) has...
spot_img

Related Articles

Popular Categories

spot_imgspot_img