President Bola Tinubu has asked the Supreme Court to dismiss a lawsuit filed by 11 governors from the Peoples Democratic Party (PDP) challenging his declaration of a state of emergency in Rivers State.
The emergency rule, announced on March 18, 2025, is being contested by the PDP governors, who argue it is unconstitutional. However, Tinubu, through a preliminary objection filed by the Attorney-General of the Federation, Lateef Fagbemi, on May 9, stated that the Supreme Court lacks the jurisdiction to hear the matter.
According to Fagbemi, the case does not qualify as a dispute between the Federation and states or between states, as required under Section 232(1) of the 1999 Constitution. He described the suit as “hypothetical, academic, and speculative,” arguing that the plaintiffs have not demonstrated any direct legal injury or standing.
The National Assembly, also named as a defendant, supported the President’s position and called for the dismissal of the suit. It described the case as “frivolous” and procedurally flawed, seeking N1 billion in costs from the plaintiffs.
The Supreme Court has yet to fix a date for the hearing of the preliminary objection.
