ABUJA — The Supreme Court on Tuesday reserved judgment in a suit filed by 11 Peoples Democratic Party (PDP)-controlled states challenging President Bola Tinubu’s constitutional authority to suspend elected officials in Rivers State following the declaration of a state of emergency.

The states, through their respective Attorneys-General, are seeking a declaration that the president acted outside his constitutional powers in suspending Rivers State Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly.

The plaintiffs argue that the president lacks the legal authority to remove or suspend democratically elected officials—even under a state of emergency—citing Sections 1(2), 5(2), 192(4)(6), and 305 of the 1999 Constitution (as amended).

They are also asking the apex court to declare Tinubu’s actions “unconstitutional, unlawful, illegal, and in gross violation” of the Constitution.

The Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, SAN, and the National Assembly (NASS) were cited as first and second defendants in the suit, marked SC/CV/329/2025.

A seven-member panel of the Supreme Court, led by Justice Inyang Okoro, reserved judgment after all parties adopted their final written briefs. The court said a date for the judgment would be communicated in due course.

Delta Withdraws from Case

Delta State, initially listed as the 5th plaintiff, formally withdrew from the suit on Tuesday following Governor Sheriff Oborevwori’s defection from the PDP to the ruling All Progressives Congress (APC).

The remaining plaintiffs are: Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Taraba, Zamfara, and Bayelsa States.

Arguments and Counterarguments

Lead counsel for the plaintiffs, Mr. Eyitayo Jegede, SAN, clarified that the states were not challenging the president’s power to declare a state of emergency, but the scope of that power.

“We are only questioning the extent to which such a proclamation can interfere with the tenure of elected officials, including the governor, deputy governor, and state assembly,” Jegede submitted.

In response, the AGF, who appeared in person, urged the court to dismiss the suit, describing it as lacking merit. He defended the president’s actions as necessary for restoring order amid a political crisis in Rivers State.

“No responsible government would sit back and allow the state to burn,” Fagbemi told the court. “The president had to act and act fast to safeguard the state. This was an extraordinary measure taken in an extraordinary situation.”

He stressed that the officials were only suspended—not removed—and that the measures were aimed at protecting democratic governance in Rivers State.

The National Assembly supported the AGF’s position and argued that the suit was procedurally defective. Its counsel contended that the plaintiffs failed to serve the mandatory three-month pre-action notice required under Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017.

Describing the suit as “frivolous, speculative, and vexatious,” the National Assembly urged the court to dismiss it and award costs of ₦1 billion jointly and severally against the plaintiffs.

Background

The suit stems from President Tinubu’s declaration of a state of emergency in Rivers State on March 18, following prolonged political tensions. The president, with legislative backing, suspended Governor Fubara, his deputy, and lawmakers for six months and appointed Vice Admiral Ibok-Ete Ibas (Rtd.) as Sole Administrator during the period.

The affected PDP states challenged the legality of these actions at the Supreme Court.

Panel Composition

Other justices on the panel include Justices Chioma Nwosu-Iheme, Haruna Tsammani, Obarinde Ogbuinya, Stephen Adah, Habeeb Abiru, and Mohammed Idris.