Rivers Showdown: FG Readies Defence as PDP Governors' Suit Lands on Desk (International Edition)
The federal government has formally accepted the lawsuit submitted by 11 PDP governors who are contesting President Bola Tinubu's decision to impose a state of emergency in Rivers State.
A source from the Federal Ministry of Justice in Abuja, speaking anonymously due to not having permission to speak publicly, verified with The PUNCH on Wednesday that the legal notice has been delivered to the Attorney General of the Federation and Minister of Justice.
"They have submitted the lawsuit to the HAGF," the source responded when asked.
The 11 PDP governors from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states have taken their case to the Supreme Court in order to contest the President’s constitutional right to suspend an elected state government.
Although previous media accounts indicated that the lawsuit had already been submitted, The PUNCH uniquely revealed that the filing occurred later on Tuesday.
The federal authorities were allotted 14 days to submit their reply to the lawsuit.
The lawsuit challenges the validity of President Tinubu’s announcement made on March 18, which imposed a state of emergency in Rivers State and removed Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, along with every member of the state House of Assembly from their positions for an initial duration of six months.
After the suspension, President Tinubu named retired Vice Admiral Ibok-Ete Ibas as the Sole Administrator to manage the state’s affairs during the emergency rule period.
The National Assembly has subsequently supported the President’s choice.
Displeased with what they see as an unlawful action, the 11 PDP governors have initiated legal proceedings through case number SC/CV/329/2025, requesting that the Supreme Court address multiple constitutional issues, such as:
Considering whether, based on a correct interpretation of Sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Nigerian Constitution, the President has legal authority to temporarily halt or disrupt the positions of a State Governor and their Deputy from one of Nigeria’s 36 states, and appoint an un-elected individual as a Sole Administrator under the pretense of declaring a state of emergency.
They additionally requested the court to determine whether, according to Sections 1(2), 4(6), 11(4) & (5), 90, 105, and 305 of the Constitution, the President has the authority to dissolve a State House of Assembly by claiming a state of emergency.
The suit also challenges what it describes as a “threat” to constitutional federalism:
Regardless of whether the threat made by the first defendant, representing the President, indicating that governors and their deputies might be suspended through an emergency decree, goes against Sections 1(2), 4(6), 5(2), 11(2) & (3) of the 1999 Constitution and breaches the tenets of constitutional federalism.
With the suit now formally received by the Attorney General’s office, preparations are underway for the Federal Government’s legal response at the Supreme Court.
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