The National Assembly has filed a preliminary objection at the Supreme Court, calling for the dismissal of a lawsuit instituted by 11 governors from the Peoples Democratic Party (PDP) challenging the declaration of a state of emergency in Rivers State.
In the objection dated April 22, 2025, the National Assembly argued that the suit lacked merit, was procedurally defective, and urged the apex court to award N1 billion in damages against the plaintiffs for what it described as a frivolous and speculative action.
The governors—representing Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States—are contesting President Bola Tinubu’s March 18 suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the Rivers State House of Assembly. Rear Admiral Ibokette Ibas (retd.) was appointed as sole administrator.
The National Assembly had ratified the President’s decision through a voice vote, prompting the governors to file Suit No. SC/CV/329/2025, which questions the constitutionality of the President’s powers to suspend elected officials during a state of emergency and the Assembly’s method of approval.
The plaintiffs argued the President and Attorney-General acted beyond their constitutional limits, especially by threatening similar action in other states. They also contended that the use of voice votes instead of a two-thirds majority to approve the emergency was unconstitutional.
In response, the National Assembly said:
- The Supreme Court lacks jurisdiction.
- The plaintiffs did not follow due process, failing to issue the required three-month pre-action notice under the Legislative Houses (Powers and Privileges) Act, 2017.
- No resolutions were passed by the plaintiffs’ State Houses of Assembly to authorize the suit as required by law.
- The case is speculative since no direct threat came from the National Assembly.
- The plaintiffs lack locus standi and did not demonstrate unique harm suffered.
Legal officer Godswill Onyegbu, in a sworn affidavit, reiterated that no dispute exists between the National Assembly and the plaintiff states, making the lawsuit baseless.
He added that the plaintiffs’ demands seek to limit the constitutional duties of the National Assembly, particularly its authority to approve emergency declarations under Section 305 of the 1999 Constitution.
The Assembly, therefore, asked the court to strike out the suit and award ₦1 billion in costs against the governors, jointly and severally.
