Fubara: Tinubu asks Supreme Court to dismiss PDP governors’ suit

President Bola Tinubu has asked the Supreme Court to dismiss the lawsuit filed by governors of the opposition Peoples Democratic Party (PDP) states, challenging his decision to impose a state of emergency in Rivers State and suspend all elected officials.

On March 18, 2025, Tinubu declared a state of emergency in Rivers, suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the entire state legislature. He also appointed Vice Admiral Ibok-Ete Ibas (rtd.) as the state’s Sole Administrator.

The suit was brought by PDP governors from 11 states, questioning the president’s actions. However, Delta State Governor Sheriff Oborevwori, one of the plaintiffs, has since joined the All Progressives Congress (APC), while Governor Umo Eno of Akwa Ibom State has expressed support for Tinubu’s second term and is reportedly planning to switch parties as well.

Initially, seven states filed the suit in March, but the number eventually grew to 11. While the president is not directly named as a defendant, the plaintiffs have filed the case through the Attorney-General of the Federation (AGF), Mr. Lateef Fagbemi (SAN), who is the first defendant, and the National Assembly, which is the second defendant. On May 9, the AGF filed a preliminary objection challenging the jurisdiction of the Supreme Court to hear the case.

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In the objection, Tinubu’s legal team argued that the suit does not fall under the Supreme Court’s original jurisdiction as stipulated in Section 232 (1) of Nigeria’s Constitution, which applies to disputes between the Federation and a State or between states. The AGF claimed the plaintiffs failed to demonstrate any conflict with the Federation or provide a valid cause of action, citing previous court decisions.

Fagbemi further described the lawsuit as an abuse of court process, asserting that the plaintiffs lack the legal standing to bring the case and labeling it as “hypothetical, academic, and speculative.” He urged the Supreme Court to dismiss the suit.

President Tinubu’s Special Assistant on Arbitration, Drafting, and Regulations, Taiye Hussain Oloyede, filed an affidavit in support of the objection, justifying the declaration of a state of emergency. He explained that the suspension of the governor and lawmakers was due to the ongoing political unrest and attacks on oil facilities in the state, which posed a threat to public safety. Oloyede also defended the National Assembly’s approval of the emergency rule, emphasizing their constitutional right to approve or reject such declarations.

Oloyede further criticized the governors for initiating the lawsuit, claiming they were driven by unfounded fears that Tinubu might declare a state of emergency in their own states. He argued that the suit was politically motivated and urged the court to dismiss it with punitive costs.

The Supreme Court has yet to schedule a hearing date for the case.