The National Assembly has urged the Supreme Court to dismiss the suit filed by 11 Peoples Democratic Party governors challenging the declaration of a state of emergency in Rivers State.
The federal legislature, in its response, contended that the plaintiffs’ suit was procedurally flawed and lacked merit.
The National Assembly said this in a preliminary objection dated April 22, 2025, obtained by The PUNCH on Sunday.
It argued that the court lacks the jurisdiction to entertain the suit and should award N1bn in costs against the plaintiffs for filing what it termed a “frivolous and speculative suit.”
President Bola Tinubu had declared a state of emergency in Rivers State on March 18, 2025, suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members of the State House of Assembly for an initial period of six months.
Following the suspension, Tinubu appointed Rear Admiral Ibokette Ibas (retd.) as the sole administrator to oversee the state’s affairs during the suspension period.
The National Assembly ratified the President’s declaration through a voice vote.
The PUNCH reported that the PDP governors, in suit number SC/CV/329/2025, approached the Supreme Court to challenge the President’s powers to suspend a democratically elected state institution and replace it with an unelected one.
The plaintiffs in the suit are the governors of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States.
The Attorney-General of the Federation and the National Assembly are listed as the 1st and 2nd defendants, respectively, in the suit.
All 11 states in the suit asked the apex court to determine six constitutional questions, including whether the President of Nigeria can lawfully suspend or interfere with the offices of a governor and deputy governor and replace them with an unelected appointee under the guise of a state of emergency proclamation.
They further requested the court to determine whether the Attorney-General’s threat, acting on behalf of the President, to suspend the offices of governors and deputy governors by virtue of such proclamations contravenes the provisions of the 1999 Constitution of the Federal Republic of Nigeria and principles of constitutional federalism.
The plaintiffs also questioned whether the National Assembly could approve a state of emergency proclamation, including suspension of state executives and legislatures by a simple voice vote rather than the constitutionally required two-thirds majority of all members of each chamber.
In their reliefs, the plaintiffs sought the declarations that the President cannot lawfully suspend or interfere with the offices of governors and deputy governors or replace them with unelected nominees under a state of emergency.
They argued that the President cannot lawfully suspend a State House of Assembly under such circumstances.
They further contended that the Attorney-General’s threats to suspend state officials are unconstitutional and violate the principles of federalism and that the National Assembly cannot approve such proclamations through voice votes without a two-third majority.
Additionally, they prayed for a perpetual injunction restraining the defendants from interfering with state offices through state of emergency proclamations.
The plaintiffs sought an order nullifying the state of emergency proclamation in Rivers State as published in Official Gazette No. 47 of 2025.
The governors are asking for “An order of perpetual injunction restraining the defendants from suspending or approving the suspension or in any way interfering with the offices of the Governor, the Deputy Governor and /or the House of Assembly of any of the Plaintiffs States by way of a Proclamation of State of Emergency or in any manner whatsoever or by any method howsoever.
“An order setting aside and nullifying the Official Gazette No.47 of 2025, State of Emergency (Rivers State) Proclamation, 2025 made by the President of the Federal Republic of Nigeria and wrongfully approved by the 2nd Defendant and upon which the ominous threat by the 1st defendant against the Plaintiffs is predicated.”
However, the National Assembly, in its preliminary objection, faulted the plaintiffs’ suit and urged the Supreme Court to dismiss it, arguing that the court lacks the jurisdiction to entertain the case, particularly against the second defendant, (NASS).