The National Assembly has responded to a lawsuit filed by 11 governors from the Peoples Democratic Party (PDP) who are challenging the recent declaration of a state of emergency in Rivers State.
In a detailed preliminary objection, the federal legislature urged the Supreme Court to throw out the suit, describing it as lacking both merit and proper legal backing. It also called for the court to award N1 billion in damages against the plaintiffs for what it described as a wasteful and baseless legal action.
The declaration of emergency by President Bola Tinubu on March 18, 2025, led to the suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the State House of Assembly. Tinubu also appointed Rear Admiral Ibokette Ibas (retd.) as sole administrator to govern the state temporarily. This action triggered widespread debate and legal responses from the PDP-led states.
The affected governors—representing Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa—have taken the matter to the Supreme Court. In their suit (SC/CV/329/2025), they questioned the legality of suspending elected state officials and replacing them with unelected persons. They also argued that the National Assembly’s approval of the proclamation through a voice vote was unconstitutional, as it did not follow the required two-thirds majority rule.
However, the National Assembly fired back, stating that the suit failed on multiple grounds. It noted that the plaintiffs did not issue the mandatory three-month pre-action notice to the Clerk of the National Assembly, a legal prerequisite under the Legislative Houses (Powers and Privileges) Act, 2017.
In a sworn affidavit, Godswill Onyegbu, a legal officer with the National Assembly, insisted that no legal dispute existed between the plaintiffs and the National Assembly. He pointed out that the claims of threats, which the governors cited, were not made by the National Assembly or any of its members.
“The plaintiffs did not obtain the required resolutions from their State Houses of Assembly to bring the matter under the Supreme Court’s original jurisdiction,” Onyegbu said. “There are no legal rights being violated that justify the involvement of the second defendant.”
The National Assembly also argued that the governors were trying to use the judiciary to interfere with legislative procedures—especially regarding how emergency declarations are approved under Section 305 of the 1999 Constitution. It called the suit speculative and an abuse of the judicial process.
Furthermore, the federal lawmakers requested the court not only dismiss the suit but impose a penalty of N1 billion against the 11 governors for misusing court time and resources.
