President Bola Tinubu has asked the Supreme Court to dismiss a lawsuit filed by 11 opposition-controlled states challenging his declaration of a state of emergency in Rivers and the suspension of its elected officials.
On 18 March, Tinubu suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and the entire House of Assembly, appointing retired naval chief Ibok-Ete Ibas as sole administrator of the state.
The move sparked outrage among 11 states led by Peoples Democratic Party (PDP) governors, who approached the Supreme Court to declare the president’s actions unconstitutional. The plaintiffs include Adamawa, Akwa Ibom, Bauchi, Bayelsa, Delta, Enugu, Osun, Oyo, Plateau, Taraba, and Zamfara.
Filed through their attorneys-general, the suit argues that Tinubu lacks the constitutional powers to sack elected state officials or install a sole administrator, even under emergency powers granted by Section 305 of the Constitution.
Although Delta and Akwa Ibom governors have since aligned politically with Tinubu — with Delta’s Sheriff Oborevwori joining the APC and Akwa Ibom’s Umo Eno endorsing Tinubu’s second-term bid — both states remain parties to the suit.
The suit names the Attorney-General of the Federation (AGF), Lateef Fagbemi, as first defendant, and the National Assembly as second. Tinubu was not sued in person.
In a preliminary objection filed 9 May, the AGF asked the court to dismiss the case, arguing that it falls outside the Supreme Court’s original jurisdiction. He described the suit as speculative and lacking in legal merit.
“The plaintiffs have not shown any legal dispute with the Federation,” Fagbemi argued, calling the case an abuse of court process intended to “harass and scandalise the president.”
In support of the objection, Tinubu’s aide on legal drafting, Taiye Oloyede, justified the emergency declaration, citing political unrest and attacks on oil infrastructure in Rivers State.
He also defended the National Assembly’s use of a voice vote to approve the emergency, insisting the Constitution does not require individual vote counting to establish a two-thirds majority.
Oloyede accused the governors of acting out of “imaginary fears” that Tinubu might replicate the action in their own states.
The PDP governors, however, are asking the court to nullify the suspension of Fubara and his deputy and to declare the appointment of Ibas as illegal. They argue the president’s actions represent a clear violation of constitutional democracy and undermine state autonomy.
The Supreme Court is yet to fix a hearing date for the politically charged case.
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