The Federal Government has constituted a formidable legal team led by a former Attorney General of the Federation, Chief Akin Olujinmi (SAN), to defend its declaration of emergency rule in Rivers State before the Supreme Court. The legal battle comes in response to a lawsuit filed by 11 governors elected under the Peoples Democratic Party (PDP), who are challenging the constitutionality of the emergency proclamation.
The high-powered legal team includes 10 Senior Advocates of Nigeria (SANs) such as Prof. Kanyinsola Ajayi, Jelili Owonikoko, Kehinde Ogunwumiju, Tijani Gazali, Babatunde Obama, Olawale Fapohunda, Olumide Olujinmi, Akinyemi Olujinmi, and Ademola Abimbola. They are supported by other seasoned lawyers including Akinsola Olujinmi, Oluwole Ilori, Abdulwahab Abayomi, Mojeed Balogun, Jideuche Ezi, and Ramat Tijani.
The legal dispute stems from President Bola Tinubu’s March 18, 2025, proclamation of a state of emergency in Rivers State, which resulted in the suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members of the State House of Assembly. Rear Admiral Ibokette Ibas (retd.) was subsequently appointed as the sole administrator for the state for an initial period of six months. The National Assembly ratified the proclamation through a voice vote.
However, 11 PDP governors — from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa — have taken the matter to the Supreme Court. Through their respective state Attorneys General, the governors filed a suit marked SC/CV/329/2025, asking the apex court to determine the legality of suspending a democratically elected state government and replacing it with an unelected appointee.
In the suit, the plaintiffs raised six constitutional questions, including whether the president has the authority to suspend elected governors and lawmakers, and whether the National Assembly can lawfully ratify such proclamations without a two-thirds majority vote as required by the Constitution. The governors are also seeking a perpetual injunction restraining the Federal Government from future attempts to interfere in the governance of any state under the guise of emergency rule.
In response, the Federal Government, through a preliminary objection filed on May 9, 2025, by Chief Olujinmi (SAN), urged the Supreme Court to dismiss the case on grounds of lack of jurisdiction. The government argued that the dispute does not fall under the original jurisdiction of the apex court as outlined in Section 232(1) of the 1999 Constitution, which is limited to matters directly involving legal rights between the Federation and a state.
The AGF maintained that the emergency declaration was constitutional and necessary to safeguard public order and governance in Rivers State amid rising tensions and threats to national security. He insisted that the President acted within his powers and that the National Assembly’s ratification — whether by voice vote or otherwise — remains valid under prevailing legislative procedures.
As the legal showdown intensifies, all eyes are now on the Supreme Court, which is set to decide on a case that could have far-reaching implications for Nigeria’s federal structure, democratic stability, and the limits of presidential authority in times of crisis.
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