LAGOS, Nigeria — The National Assembly don urge Supreme Court make dem dismiss case wey 11 governors from Peoples Democratic Party (PDP) file challenge against state of emergency declaration for Rivers State. Them say the suit no get correct process and e no get merit. This message wey dem submit on April 22, 2025, show say dem believe say Supreme Court no fit handle the matter and dem dey ask make court fine dem N1 billion for wetin dem call ‘frivolous and speculative suit.’
President Bola Tinubu first declare state of emergency for Rivers State on March 18, 2025, wey lead to suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members for State House of Assembly for six months. Rear Admiral Ibokette Ibas (retd.) na the sole administrator wey Tinubu appoint to take care of the state affairs during this period.
The PUNCH report say the PDP governors, under suit number SC/CV/329/2025, go Supreme Court make court determine whether President fit suspend elected officials and put unelected person in charge during state of emergency. The governors wey involved na from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States. Attorney-General of the Federation and National Assembly dey among defendants for the case.
In the suit, dem dey ask the apex court make e clarify six constitutional questions, wey include if na lawful for President to suspend governor and deputy governor and replace dem. Dem also wan know if Attorney-General fit threaten these governors based on emergency proclamation and if National Assembly fit ratify such proclamation through voice vote instead of two-thirds majority wey constitution dey require.
The plaintiffs also seek declaration say the President no fit lawfully suspend or interfere with governor offices. Dem argue say Attorney-General’s threats violate the constitution wey guarantee federalism, and National Assembly no fit just approve such emergency through voice vote without two-thirds majority.
Dem request make court give perpetual injunction wey go stop defendants from interfering with governor offices during state emergency. Dem wan nullify the emergency proclamation for Rivers State as dem publish for Official Gazette No. 47 of 2025.
However, National Assembly argue say the case no get merit and dem ask for dismissal because court no get jurisdiction, particularly against National Assembly. Dem say plaintiffs fail to follow due process as dem no serve three-month notice to the Clerk of National Assembly as required by law.
In the preliminary objection, National Assembly say, “A person wey get cause of action against Legislative House must notify the Clerk three months before e fit file case.” Dem also argue say plaintiffs no get support from their state houses of assembly to carry matter go court.
Godswill Onyegbu, legal officer for National Assembly, talk for affidavit say due process no follow. He also maintain say, “The plaintiffs no prove say dem suffer any injury wey justify this action against National Assembly.”
Dem don highlight say the suit na attempt to use Supreme Court to dictate how National Assembly dey exercise constitution mandate, particularly on how to ratify state emergency declarations using voice votes.
National Assembly conclude say plaintiffs dey use court to limit how dem go approve future state emergencies and dem request for N1 billion cost against the governors for wasting time and resources.
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