A high-stakes legal showdown looms at the Supreme Court as President Bola Tinubu and 11 governors from the opposition People’s Democratic Party (PDP) clash over the declaration of a state of emergency in Rivers State and the suspension of Governor Siminalayi Fubara.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has begun drafting a response to the lawsuit, filed by the governors to challenge what they describe as a constitutional overreach.
“As we speak, my colleagues are in the office working on the processes,” a source from the AGF’s office revealed on Sunday.
The PDP governors, who are asking the Supreme Court to invalidate the President’s actions, have assembled a formidable legal team, including seven Senior Advocates of Nigeria. Among them are Bolaji Ayorinde, Eyitayo Jegede, and Kamaldeen Ajibade.
At the heart of the legal dispute is whether the President can suspend elected officials under the guise of an emergency proclamation. The suit (SC/CV/329/2025) questions if Tinubu’s action violates sections of the 1999 Constitution.
In the words of the governors’ filing, the President’s action constitutes “a contravention of the provisions of Sections 1(2), 4(6), 5(2), 11(2) and (3) of the Constitution… and inconsistent with the principles of constitutional federalism.”
On March 18, 2025, President Tinubu declared a state of emergency in Rivers State and suspended Governor Fubara, his deputy Ngozi Odu, and all members of the State Assembly, citing a breakdown of governance. He then appointed Vice Admiral Ibok Ete Ibas (retd.) as Sole Administrator.
The National Assembly endorsed the move via a voice vote, while the House of Representatives has since formed an ad-hoc committee to assume the suspended legislature’s duties.
“The committee will ensure that governance in the state remains within the bounds of constitutionalism,” said House spokesman Akin Rotimi, naming House Leader Prof. Julius Ihonvbere as chairman.
Meanwhile, a separate legal battle is unfolding at the Federal High Court in Port Harcourt, where ex-lawmaker Farah Dagogo is contesting the emergency declaration and Fubara’s suspension. The case is scheduled for hearing on May 12, 2025.
Amid the escalating tensions, former Bayelsa State Governor and current Senator, Seriake Dickson, urged calm during a solidarity visit to the embattled Fubara. “I appreciated his calmness and peaceful disposition amidst unprecedented turbulence,” Dickson said.
Also breaking his silence, ex-militant leader Government Ekpemupolo, popularly known as Tompolo, assured supporters that “Governor Siminalayi Fubara will return to his post,” urging peaceful dialogue between Fubara and his estranged political benefactor, Nyesom Wike.
“Talks are ongoing to resolve the differences,” Tompolo stated during his birthday celebration in Warri. “I assure you that Governor Fubara will return as Governor.”