The Supreme Court on Tuesday reserved judgment in the suit filed by Peoples Democratic Party (PDP)-controlled states challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State.
A seven-member panel of justices led by Justice Inyang Okoro announced the reservation after parties adopted their written addresses and other court processes.
The plaintiffs are the Attorneys General of 10 PDP-governed states, while the Federal Government and the National Assembly are the defendants in the case.
The suit, SC/CV/329/2025, was initially filed by 11 states — Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa — but Delta State withdrew during Tuesday’s proceedings.
Background of the Case
The PDP states are contesting Tinubu’s March 18, 2025 proclamation of a six-month emergency rule in Rivers State, following a prolonged political crisis.
Under the proclamation, Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly were suspended, while the President appointed retired Vice Admiral Ibok Ibas as Sole Administrator to oversee the state.
Plaintiffs’ Argument
Lead counsel for the plaintiffs, Eyitayo Jegede (SAN), clarified that the suit was not challenging the President’s general power to declare a state of emergency, but questioned the extent of that power — particularly whether it lawfully allowed the suspension of democratically elected officials.
The PDP states urged the apex court to determine whether the President had constitutional authority to replace elected officials with a sole administrator and whether his procedure in proclaiming the emergency violated the 1999 Constitution.
Defence Arguments
Representing the President, the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), filed a preliminary objection seeking dismissal of the suit, describing it as speculative and lacking merit.
Fagbemi argued that the President acted within his constitutional mandate to restore order amid an “extraordinary situation” in Rivers State.
“Rivers was in an extraordinary situation that required extraordinary measures to restore peace and protect democracy,” Fagbemi told the court.
He added that the governor and other officials were not removed but temporarily suspended as part of measures to safeguard governance, saying the plaintiffs were “trying to be more Catholic than the Pope.”
Counsel for the National Assembly, Charles Yohila, also aligned with Fagbemi’s argument and urged the court to dismiss the case.
Next Steps
After hearing all submissions, Justice Okoro announced that the judgment has been reserved, with the date for delivery to be communicated to the parties in due course.
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