The Federal Government has constituted a 12-man legal team, including 11 Senior Advocates of Nigeria (SANs) and led by former Attorney General of the Federation, Chief Akin Olujinmi (SAN), to defend the declaration of emergency rule in Rivers State at the Supreme Court. This move follows a suit by 11 Peoples Democratic Party (PDP) governors challenging the suspension of democratic governance in the state.
Other SANs in the team include Prof. Kanyinsola Ajayi, Jelili Owonikoko, Kehinde Ogunwumiju, Tijani Gazali, Babatunde Obama, Olawale Fapohunda, Olumide Olujinmi, Akinyemi Olujinmi, and Ademola Abimbola. Additional lawyers include Akinsola Olujinmi, Oluwole Ilori, Abdulwahab Abayomi, Mojeed Balogun, Jideuche Ezi, and Ramat Tijani.
President Bola Tinubu had, on March 18, 2025, declared a six-month state of emergency in Rivers State, suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the State House of Assembly. He appointed retired Admiral Ibokette Ibas as sole administrator, a move ratified by the National Assembly via voice vote.
Reacting, 11 PDP governors—Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa—filed suit SC/CV/329/2025 at the Supreme Court. Through their Attorneys General, they asked the court to determine whether the President has the constitutional authority to suspend elected officials and replace them with unelected persons under an emergency declaration.
Their suit raises six constitutional questions, including whether the President and Attorney-General can lawfully interfere with state executives, and whether the National Assembly can approve such emergency measures through voice votes instead of the constitutionally required two-thirds majority. They sought declarations nullifying the emergency proclamation and a perpetual injunction preventing similar actions.
In response, the AGF filed a preliminary objection and a counter-affidavit, urging the court to dismiss the suit for lacking merit and falling outside the Supreme Court's original jurisdiction as defined by Section 232(1) of the 1999 Constitution. The AGF argued the plaintiffs lacked locus standi and that the suit was speculative and academic.
Supporting the FG's stance, a counter-affidavit sworn by Presidential aide Taiye Oloyede explained that severe political conflict in Rivers made governance impossible. He said 27 of 32 lawmakers were at odds with the governor, who allegedly denied them access to legislative facilities and only allowed four loyal members to convene in his office.
Oloyede added that the governor failed to present an appropriation bill, leading to administrative paralysis, and that his inaction contributed to worsening insecurity, including vandalism and militant threats. He also noted that Tinubu’s interventions failed, prompting the emergency declaration to prevent total breakdown.
The counter-affidavit, referencing the Supreme Court’s previous judgment, argued that a state cannot function without all three arms of government. The AGF reiterated that declaring an emergency and suspending those fueling the crisis was necessary to restore order.
Meanwhile, the National Assembly also filed its defence. In a preliminary objection dated April 22, 2025, it urged the court to dismiss the case for lack of jurisdiction and failure to follow due process. It asked for N1bn in costs and argued that the governors failed to serve the mandatory three-month pre-action notice and lacked authorisation from their respective Houses of Assembly.
The Supreme Court is expected to announce a hearing date for the suit soon.
