Lateef Fagbemi

The recent political and legal crisis surrounding the declaration of a state of emergency in Rivers State has triggered a significant constitutional battle between the Federal Government and governors elected under the platform of the Peoples Democratic Party (PDP). The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has begun draughting a legal response to the suit filed by the PDP governors against President Bola Tinubu.

The governors are challenging the president’s authority to suspend the duly elected governor of Rivers State, Siminalayi Fubara, his deputy, Ngozi Odu, and members of the State House of Assembly, following the emergency declaration made on March 18, 2025. In the wake of the suspension, Tinubu appointed retired Vice Admiral Ibok-Ete Ibas as the sole administrator of the state for a six-month period, with the National Assembly affirming the decision via a voice vote.

In reaction, eleven PDP governors, representing states including Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa, have taken their protest to the Supreme Court. They have assembled a formidable legal team comprising 11 Senior Advocates of Nigeria and six additional lawyers to argue that the president overstepped constitutional bounds.

In their suit, marked SC/CV/329/2025, the governors are seeking a judicial interpretation of the powers granted to the president under Sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Constitution. They argue that Tinubu’s actions violate the principles of federalism and democratic governance by unconstitutionally suspending elected state officials and installing an unelected appointee to manage state affairs. The suit further contests whether the threat of such actions against other states does not also contravene Sections 1(2), 4(6), 5(2), and 11(2–3) of the Constitution.

The legal standoff has drawn national attention, especially as the Supreme Court is yet to schedule a hearing. Meanwhile, the AGF’s office remains actively engaged in preparing the Federal Government’s defence. This unfolding legal dispute is not only a test of the constitutional limits of executive power but also a defining moment for Nigeria’s federal structure and democratic resilience.