National Assembly urges Supreme Court to dismiss PDP Govs’ suit on Rivers emergency rule

The National Assembly has asked the Supreme Court to dismiss a legal challenge filed by 11 Peoples Democratic Party (PDP) governors over the declaration of a state of emergency in Rivers State.

Describing the suit as “frivolous, speculative, and procedurally defective,” the legislature also demanded N1 billion in damages from the plaintiffs.

The governors, representing Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states, had earlier filed suit SC/CV/329/2025, questioning the legality of President Bola Tinubu’s March 18 proclamation. The emergency declaration had resulted in the suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and the entire State House of Assembly, with Rear Admiral Ibokette Ibas (retd.) appointed as sole administrator.

In their suit, the governors challenged the President’s authority to suspend democratically elected officials and replace them with unelected appointees, citing violations of constitutional federalism and democratic norms. They also questioned the legality of the National Assembly’s approval of the emergency proclamation by voice vote rather than the constitutionally required two-thirds majority.

But in a preliminary objection dated April 22 and made public on Sunday, the National Assembly contended that the suit was improperly filed and lacked merit. It maintained that the Supreme Court does not have jurisdiction to hear the case, particularly in relation to the legislature, and accused the plaintiffs of failing to follow due legal procedures.

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“The plaintiffs did not serve the statutorily required three-month pre-action notice to the Clerk of the National Assembly,” the objection read, referencing Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017. “Furthermore, they failed to obtain the necessary resolutions from their respective State Houses of Assembly, which is a condition for invoking the court’s original jurisdiction under the Supreme Court (Original Jurisdiction) Act, 2002.”

Godswill Onyegbu, a legal officer with the National Assembly’s Directorate of Legal Services, deposed to an affidavit supporting the objection. He emphasized that the plaintiffs had not demonstrated any direct harm or legal standing, adding that the threat cited in the lawsuit did not originate from the National Assembly or its officers.

“This is a matter concerning a press statement made by the Attorney-General, not the National Assembly,” Onyegbu stated. “The plaintiffs have failed to establish any legal rights against the legislature to justify a perpetual injunction.”

The objection further asserted that the lawsuit aimed to restrict how the National Assembly exercises its constitutional authority, particularly its method of ratifying emergency declarations under Section 305 of the 1999 Constitution. It argued that the plaintiffs were seeking judicial overreach into legislative procedure, including the use of voice votes.

Highlighting what it described as multiple procedural flaws, the National Assembly urged the Supreme Court to not only strike out the case but also impose a N1 billion cost on the governors, jointly and severally.

“The suit, as filed, is speculative and constitutes an abuse of court process. It wastes judicial time and resources and undermines constitutional governance,” the objection concluded.

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