President Bola Tinubu has asked the Supreme Court to dismiss the suit filed by 11 Peoples Democratic Party (PDP)-controlled states challenging his declaration of emergency rule and suspension of elected officials in Rivers State.

On 18 March 2025, President Tinubu declared a state of emergency in Rivers, suspending Governor Siminalayi Fubara, his deputy Ngozi Odu, and all state lawmakers. He appointed retired Vice Admiral Ibok-Ete Ibas as the state’s Sole Administrator.

Initially filed by seven states, the suit later expanded to 11, with each represented by their respective attorneys-general. However, Delta State Governor Sheriff Oborevwori has since defected to the APC, while Akwa Ibom’s Governor Umo Eno has publicly supported Tinubu’s re-election bid amid speculation of an imminent party switch.

The president is not a direct defendant in the case. Rather, the plaintiffs sued through the Attorney-General of the Federation and Minister of Justice, Mr Lateef Fagbemi (SAN), with the National Assembly named as the second defendant.

In a preliminary objection filed on 9 May, the AGF challenged the Supreme Court’s jurisdiction to hear the case, arguing that it does not fall under the court’s original jurisdiction as defined by Section 232(1) of the Constitution.

Fagbemi contended that there is no genuine dispute between the states and the Federation, nor a valid cause of action. He described the suit as speculative, hypothetical, and an abuse of court process.

Supporting the objection, Presidential Special Assistant on Arbitration, Drafting and Regulations, Taiye Hussain Oloyede, argued that the suspension of officials was justified due to political unrest and attacks on vital oil infrastructure in Rivers.

He insisted the declaration of emergency was lawful and ratified by the National Assembly, which has constitutional authority to approve or reject such a measure.

Addressing concerns about the legislative process, Oloyede defended the use of voice votes by lawmakers, noting the Constitution does not mandate physical vote counts for resolutions requiring a two-thirds majority.

He further argued that the governors filed the suit out of “imaginary fears” that Tinubu might impose emergency rule in their own states, and urged the court to dismiss the suit with punitive costs.

The Supreme Court is yet to fix a hearing date.