By Juliet Aliwo.
Abuja, Nigeria – A high-stakes legal battle is brewing at the Supreme Court as the Attorney General of the Federation (AGF), Lateef Fagbemi (SAN), initiates the federal government’s defense against a lawsuit filed by People’s Democratic Party (PDP) governors challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State.
The PDP governors, contesting the legality of the emergency declaration and the subsequent suspension of Governor Siminalayi Fubara and his elected officials, have enlisted a formidable legal team comprising seven Senior Advocates of Nigeria (SANs) and six other attorneys.
The SANs engaged include Bolaji Ayorinde, Eyitayo Jegede, Kamaldeen Ajibade, J.A. Mumuni, Musibau Adetunbi, Samuel Atung, and Yunus Abdulsalam. Supporting them are M.S. Atolagbe, Ezenwa Ibegbunam, Chiamaka Anagu, Olakunle Lawal, Abduljalil Musa, and H. A. Adeleke.
President Tinubu’s March 18, 2025 declaration of a state of emergency in Rivers State, which led to the suspension of Governor Fubara, Deputy Governor Ngozi Odu, and the state’s House of Assembly, has ignited a constitutional firestorm. The President also appointed Vice Admiral Ibok Ete Ibas (retd.) as sole administrator for an initial six-month period.
The National Assembly, through a voice vote, has backed the President’s decision. However, 11 PDP governors from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states have challenged the move at the Supreme Court.
In their suit (SC/CV/329/2025), the governors are seeking clarity on the constitutional limits of presidential powers regarding state governance. Key questions raised include:
- Whether the President can lawfully suspend elected state officials and replace them with a sole administrator under a state of emergency.
- Whether the President’s threat to suspend state officials under such circumstances aligns with constitutional provisions and the principles of federalism.
“As we speak, my colleagues are in the office working on the processes,” a source within the AGF’s office confirmed regarding the preparation of the federal government’s response.
The Supreme Court has yet to set a hearing date for this landmark case, which is poised to redefine the balance of power between the federal and state governments in Nigeria.
