Tinubu’s Emergency Rule in Rivers Sparks Legal Firestorm as PDP Governors Head to Supreme Court

The declaration of a state of emergency in Rivers State by President Bola Tinubu continues to fuel a major constitutional and political storm, with the Attorney General of the Federation (AGF), Lateef Fagbemi (SAN), now finalizing a Supreme Court response to a suit filed by 11 Peoples Democratic Party (PDP) governors. At the heart of the legal dispute is whether the president has the constitutional authority to suspend a sitting governor and appoint a sole administrator

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Fagbemi Drafts Supreme Court Response as PDP Lawyers Mobilize

In reaction to the PDP-led suit, sources within the AGF’s office confirmed that teams of legal experts have begun preparing the federal government’s official defense. This follows the declaration of a state of emergency on March 18, 2025, during which President Tinubu suspended Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the Rivers State House of Assembly for six months.

In their legal pushback, the PDP governors have assembled a formidable legal team consisting of seven Senior Advocates of Nigeria (SANs) and six other lawyers, including notable names like Bolaji Ayorinde, Eyitayo Jegede, and Musibau Adetunbi.

Filed under case number SC/CV/329/2025, the governors are seeking a Supreme Court ruling to determine if the president has legal standing to replace elected state officials with unelected appointees under a state of emergency.

Among the key constitutional questions raised is whether such a proclamation violates the separation of powers and federalism as enshrined in Sections 1(2), 5(2), 176, 180, 188, and 305 of the Nigerian Constitution.

PDP Berates Tinubu, Challenges Ibas’ Appointment

The PDP is also challenging the appointment of Vice Admiral Ibok Ete Ibas (retd.) as the sole administrator of Rivers State, describing it as unconstitutional and a breach of democratic norms. They argue that the removal of elected officials without due process undermines constitutional governance.

In a fiery legal brief, the governors asked the apex court to rule on whether the president’s emergency powers extend to the unilateral suspension of duly elected leaders and institutions. They also claim that Tinubu’s actions threaten the stability and autonomy of state governments across the federation.

Farah Dagogo’s Suit Adds Pressure as Fubara’s Supporters Push Back

Adding to the legal fracas is a separate case filed by former House of Representatives member, Farah Dagogo, who approached the Federal High Court in Port Harcourt to challenge Governor Fubara’s suspension. On April 9, the court granted an application for substituted service of the court processes to the President, Senate President Godswill Akpabio, House Speaker Tajudeen Abass, and Vice Admiral Ibas, setting the next hearing for May 12, 2025.

Justice Adamu Turaki Mohammed, who presided over the motion, authorized that all documents be served through courier services like DHL to the defendants’ last known addresses, including Aso Rock Presidential Villa and the National Assembly Complex.

Ad-Hoc Committee Formed by National Assembly to Oversee Rivers Affairs

In a related development, the House of Representatives has announced the formation of an ad-hoc committee to assume legislative oversight of Rivers State. According to House spokesman Akin Rotimi, the emergency proclamation was debated thoroughly in the National Assembly and amended to place checks and balances on executive overreach.

The committee, to be chaired by House Leader Prof. Julius Ihonvbere, and co-chaired by Minority Whip, will oversee the implementation of the emergency rule and ensure the continuity of constitutional governance in Rivers State. Key members include Idris Wase, Abiodun Faleke, Isiaka Ibrahim, and Etinosa Amadi, among others.

Rotimi noted that the ad-hoc body was set up under Section 11(4) of the Constitution to “monitor implementation and ensure governance remains within the bounds of constitutionalism.”

Tompolo’s Hint and the Path Ahead

Meanwhile, ex-militant leader Government Ekpemupolo, popularly known as Tompolo, has hinted at a possible political return for Governor Fubara. Though he did not provide details, Tompolo’s statement has fueled speculation of behind-the-scenes negotiations aimed at resolving the crisis politically rather than through prolongedhttps://en.m.wikipedia.org/wiki/Nigeri legal battles.

As the nation awaits the Supreme Court’s scheduling of the PDP governors’ case and the outcome of the Federal High Court hearing in Port Harcourt, the political landscape remains tense. The stakes are high — not just for Rivers State, but for the broader interpretation of presidential powers and democratic safeguards in Nigeria