Supreme Court to Rule on PDP States’ Suit Against Rivers State Emergency Declaration

The Supreme Court on Tuesday reserved judgment in a case filed by Peoples Democratic Party (PDP)-controlled states challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State.

A seven-member panel of Justices, led by Justice Inyang Okoro, made the announcement after all parties adopted their written addresses and processes in the suit.

The plaintiffs are the Attorneys General of 10 PDP-governed states, while the Federal Government and the National Assembly are named as defendants. Originally, 11 states filed the suit—Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa—but Delta State withdrew during Tuesday’s proceedings.

Lead counsel for the plaintiffs, Eyitayo Jegede (SAN), clarified that the suit does not question the President’s general authority to declare a state of emergency, but rather seeks to determine the constitutional limits of such a proclamation, particularly regarding its effect on the offices of governors, deputy governors, and state assemblies.

On March 18, 2025, amid a prolonged political crisis in Rivers State, President Tinubu declared a six-month emergency rule, suspending Governor Siminalayi Fubara, the deputy governor, and the state House of Assembly members. He subsequently appointed retired Vice Admiral Ibok Ibas as Sole Administrator to oversee the state during the emergency period.

The PDP-led states asked the apex court to rule on whether the President had the constitutional authority to suspend elected officials and install a sole administrator, and whether the procedure followed in declaring the Rivers emergency violated provisions of the 1999 Constitution.

The Federal Government, represented by Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), opposed the suit, filing a preliminary objection urging the court to dismiss it as speculative and without merit. Fagbemi argued that the President acted within his constitutional powers to restore order in Rivers State, stating, “Rivers was in an extraordinary situation that required extraordinary measures to restore peace and protect democracy.” He added that the suspended officials were not removed permanently and described the plaintiffs as “trying to be more Catholic than the Pope.”

Counsel for the National Assembly, Charles Yohila, aligned with the AGF’s submission, also urging the court to dismiss the case.

Following the hearing, Justice Okoro announced that judgment had been reserved, with the date of delivery to be communicated to the parties in due course.