Bola Tinubu has asked the Supreme Court to dismiss the suit filed by governors of PDP-controlled states challenging his suspension of elected officials in Rivers State under emergency rule.
Tinubu had on March 18, 2025, declared the state of emergency and suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all the state lawmakers.
The president immediately appointed Vice Admiral Ibok-Ete Ibas (rtd.) as the Sole Administrator of the state.
The suing states, represented by their respective attorneys-general, were initially seven when they first filed the suit in March, but later grew to 11.
Tinubu was not sued directly as a defendant in the suit.
The plaintiffs sued him through the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi (SAN), the first defendant, while the National Assembly, is the second defendant.
A notice of preliminary objection filed on May 9 by the AGF to defend the president’s action challenged the jurisdiction of the Supreme Court to entertain the suit.
Meanwhile, inba notice of preliminary objection obtained by newsmen, Tinubu asked the court to dismiss the suit on the grounds that the suit did not fit into the original jurisdiction of the Supreme Court which under Section 232 (1) of the Nigerian constitution is exercisable only in a dispute between the Federation of Nigeria and a State or between states.
T he AGF claimed the plaintiffs (the states) have not disclosed any dispute between them and the Federation and did not also disclose any cause of action, citing previous court judgements.
Fagbemi argued that the suit is abuse of court process and maintained that the plaintiffs have no locus standi to institute the suit which he described as “hypothetical, academic speculative.”
“In the premises, we urge the Supreme Court to uphold this contention and dismiss the plaintiffs’ suit,” Fagbemi said in the notice.
