From Godwin Tsa, Abuja
The National Assembly (NASS) has urged the Supreme Court to dismiss a suit by 11 Peoples Democratic Party (PDP) governors challenging the Rivers State emergency declaration, arguing it lacks jurisdiction and merit.
In a preliminary objection dated April 22, 2025, NASS demanded ₦1 billion in costs for the “frivolous and speculative suit”.
President Bola Tinubu declared a state of emergency in Rivers on March 18, 2025, suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the State House of Assembly for six months, appointing Rear Admiral Ibokette Ibas (retd.) as sole administrator.
NASS ratified this via a voice vote, prompting the PDP governors’ suit (SC/CV/329/2025) against the Attorney-General and NASS.
The plaintiffs—governors of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa—seek to nullify the proclamation, arguing it violates the 1999 Constitution. They question the President’s authority to suspend elected officials and NASS’s approval by voice vote, not a two-thirds majority, and seek an injunction against further interference.
NASS contends the suit is flawed, citing the plaintiffs’ failure to issue a three-month pre-action notice to the Clerk of NASS, as required by the Legislative Houses Act, 2017, and to secure State House resolutions per the Supreme Court (Original Jurisdiction) Act, 2002. It argues, “A person who has a cause of action against a Legislative House shall serve a three-month’s notice to the office of the Clerk.”
NASS also notes that the alleged threat by the Attorney-General does not involve them, rendering the suit baseless.