ABUJA: The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, has begun preparing President Bola Tinubu’s legal response to the lawsuit filed by the governors of the peoples democratic party(PDP) over the recent declaration of a state of emergency in Rivers State.
The legal showdown, now set to play out at the Supreme Court, centers on the president’s constitutional powers to impose emergency rule and suspend elected officials within a federating state.
To bolster their case, the PDP governors have assembled a formidable legal team, enlisting the services of seven Senior Advocates of Nigeria (SANs) and six additional lawyers. Their objective is to challenge what they describe as an unconstitutional interference in state governance by the Federal Government.
The SANs representing the PDP governors include:
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Bolaji Ayorinde
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Eyitayo Jegede
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Kamaldeen Ajibade
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J.A. Mumuni
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Musibau Adetunbi
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Samuel Atung
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Yunus Abdulsalam
Meanwhile, Lateef Fagbemi and his legal team are actively working on the Federal Government’s defense, with sources confirming that work is underway to finalize the President’s position ahead of court proceedings.
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Amid the legal drama, the PDP continues to criticize President Tinubu’s actions and the role of Vice Admiral Ibok Ete Ibas (retd.), the appointed sole administrator of Rivers State.
Moreover, former militant leader Government Ekpemupolo, popularly known as Tompolo, has hinted at the possible return of Governor Siminalayi Fubara to office, further adding to the political tension in the state.
Other individuals involved in the matter include M.S. Atolagbe, Ezenwa Ibegbunam, Chiamaka Anagu, Olakunle Lawal, Abduljalil Musa, and H.A. Adeleke.
Governors from the People’s Democratic Party (PDP) are challenging President Bola Tinubu’s appointment of a sole administrator to oversee Rivers State during the suspension of Governor Siminalayi Fubara.
On March 18, 2025, President Tinubu declared a state of emergency in Rivers State and suspended Governor Fubara, his deputy Mrs. Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial period of six months.
Following the suspension, Vice Admiral Ibok Ete Ibas (retd.) was appointed as the sole administrator to manage the state’s affairs.
Both the Senate and House of Representatives endorsed the President’s action through a voice vote.
In response, 11 PDP governors have taken legal action against the President and the National Assembly at the Supreme Court, questioning the constitutionality of the emergency declaration and the suspension of elected officials.
The states represented in the suit are Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa.
In the suit marked SC/CV/329/2025, the governors are asking the Supreme Court to determine whether, under Sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Constitution, the President has the legal authority to suspend elected state officials and install an unelected sole administrator under the guise of a state of emergency.
They are also questioning whether threats from the federal government to suspend governors and their deputies via emergency proclamations violate Sections 1(2), 4(6), 5(2), 11(2), and 11(3) of the Constitution and undermine the principles of constitutional federalism.
According to a source in the office of the Attorney General of the Federation, legal teams are actively working on a response to the suit.
The team is currently in the office preparing the necessary documents, the source revealed.
As of now, the Supreme Court has not scheduled a date for the hearing.
Meanwhile, a Federal High Court in Port Harcourt has fixed May 12 for the substantive hearing of a separate suit challenging Governor Fubara’s suspension and that of the State Assembly members. The suit was filed by former House of Representatives member Farah Dagogo.
Due to challenges in personally serving the defendants, the court granted an application for substituted service and directed that all relevant documents be sent through DHL courier to the last known addresses of the defendants.
The suit, numbered FHC/PH/CS/50/2025, is before Justice Adamu Turaki Mohammed. It was filed on April 9 by Dagogo, seeking judicial relief over the emergency declaration and suspensions. The defendants include President Tinubu, Senate President Godswill Akpabio, the Senate, House Speaker Tajudeen Abass, and the appointed sole administrator, Vice Admiral Ibok-Ete Ibas (retd.).
In a motion ex parte filed on April 8, lead counsel C.I. Enweluzo, SAN, requested permission for substituted service. After reviewing supporting affidavits and hearing submissions from additional counsel—Femi Adegbite, Monday Dayi, Daso Jack, and D. Bakweri—Justice Mohammed granted the application and adjourned the case to May 12.
The services addressed include:
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President of Nigeria, Aso Rock Villa, Abuja
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Senate President and the Senate, National Assembly Complex, Abuja
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Speaker of the House of Representatives, National Assembly Complex, Abuja
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Vice Admiral Ibok-Ete Ibas (retd.), Government House, Old GRA, Port Harcourt
Again, the House of Representatives is set to inaugurate an ad-hoc committee on Tuesday to assume legislative oversight in Rivers State.
According to a statement released on Sunday by House spokesperson Akin Rotimi, the emergency proclamation underwent legislative scrutiny and was amended to reinforce democratic checks and balances.
One key amendment transferred regulatory oversight from the Federal Executive Council to the National Assembly.
“Following Section 5 of the 2025 Proclamation and Section 11(4) of the Constitution, the House has established an ad-hoc committee to monitor the emergency’s implementation and ensure governance in Rivers State adheres to constitutional norms,” the statement read.
The committee will be chaired by House Leader Prof. Julius Ihonvbere, with the Minority Whip serving as deputy chair.
Members include Isiaka Ibrahim, Idris Wase, Muktar Betara, Sada Soli, Abiodun Faleke, Amos Daniel, Erhiatake Ibori-Suenu, Blessing Onuh, Iduma Igariwey, Shehu Rijau, Oluwole Oke, Etinosa Amadi, Patrick Umoh, James Barka, Alex Egbona, Isa Anka, and Fatima Talba.
Prof. Jake Dan-Azumi will serve as the committee’s secretary.
