President Bola Tinubu and Siminalayi Fubara

The Federal Government has assembled a high-powered legal team comprising 12 Senior Advocates of Nigeria (SANs), led by former Attorney General of the Federation, Chief Akin Olujinmi (SAN), to defend President Bola Tinubu’s declaration of a state of emergency in Rivers State before the Supreme Court.

The legal team includes respected SANs such as Prof. Kanyinsola Ajayi, Jelili Owonikoko, Kehinde Ogunwumiju, Tijani Gazali, Babatunde Obama, Olawale Fapohunda, and others, as the FG prepares for a legal battle with 11 governors of the Peoples Democratic Party (PDP) who have challenged the constitutionality of the emergency rule.

President Tinubu had on March 18, 2025, suspended Governor Siminalayi Fubara, his deputy, and all members of the Rivers State House of Assembly for six months, appointing Rear Admiral Ibokette Ibas (rtd.) as sole administrator of the state. The National Assembly later ratified the declaration via voice vote.

The PDP governors—representing Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa—approached the Supreme Court through suit number SC/CV/329/2025. They are seeking a declaration that the president lacks the constitutional authority to suspend elected state officials and replace them with unelected appointees, even under a state of emergency. They also question the legality of the National Assembly’s approval via voice vote instead of a two-thirds majority as stipulated by the Constitution.

In a counter-affidavit and preliminary objection filed on May 9, Chief Olujinmi argued that the suit does not meet the conditions for invoking the Supreme Court’s original jurisdiction. He insisted that there is no justiciable dispute between the federal government and the plaintiffs and that the governors lacked locus standi.

Supporting the government’s case, Dr Taiye Oloyede, a Special Assistant to the President, cited the political crisis in Rivers State as justification for the emergency declaration. He said that the collapse of legislative functions, the inability to pass an Appropriation Bill, attacks on state infrastructure, and violent threats from militants had paralysed governance in the state.

Oloyede maintained that extraordinary measures, including suspending the warring political actors, were necessary to restore order and that President Tinubu acted within his constitutional powers.

The Attorney General of the Federation, Lateef Fagbemi (SAN), echoed these arguments and called for the dismissal of the suit, describing it as speculative, academic, and a misuse of court process.

Meanwhile, the National Assembly—named as the second defendant—has filed a separate objection dated April 22. It faulted the plaintiffs for failing to serve a mandatory pre-action notice and for not obtaining authorisation from their respective state assemblies to file the suit. It also urged the court to strike out the matter and award ₦1 billion in costs against the governors for what it termed a “frivolous suit”.

As legal fireworks intensify, the Supreme Court is expected to announce a hearing date soon. The outcome of this case is poised to have far-reaching implications for federalism, constitutional governance, and the balance of power in Nigeria’s democratic framework.