Rivers Imbroglio: AGF To Defend Tinubu As PDP Govs Lineup 11 SANs

The Federal Government through the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has commenced the filing of the response of President Bola Ahmed Tinubu to the suit by the Governors on the platform of the Peoples Democratic Party (PDP), challenging the declaration of State of Emergency in Rivers State.

The PDP governors have elicited the services of seven Senior Advocates of Nigeria and six other Attorneys for the legal battle against the Federal Government at the Supreme Court.

The governors are challenging the powers of the President in declaring a State of Emergency in a state and in particular the suspension of a democratically elected institution of a state.

The Senior Advocates of Nigeria whose services have been hired by the PDP governors include Bolaji Ayorinde, Eyitayo Jegede, Kamaldeen Ajibade, J.A Mumuni, Musibau Adetunbi, Samuel Atung and Yunus Abdulsalam.

The list also included M.S. Atolagbe, Ezenwa Ibegbunam, Chiamaka Anagu, Olakunle Lawal, Abduljalil Musa and H. A. Adeleke.

One of the key points the PDP governors are contesting is the appointment of a Sole Administrator by President Tinubu to administer the affairs of Rivers State throughout the duration of the suspension of Governor Siminalayi Fubara.

President Tinubu had on March 18, 2025, declared a State of Emergency in Rivers State and also suspended Governor Fubara, his deputy, Mrs Ngozi Odu, and members of the Rivers State House of Assembly for an initial period of six months.

Accordingly, President Tinubu announced the appointment of Vice Admiral Ibok Ete Ibas (retd.) as the Sole Administrator to oversee the affairs of Rivers State for the period of the State of Emergency.

The two chambers of the National Assembly in a move that surprised most Nigerians, approved the declaration of the State of Emergency through voice vote.

Following the development, the PDP governors namely; Adamawa, Akwa Ibom, Bauchi, Bayelsa, Delta, Enugu, Osun, Oyo, Plateau, Taraba, and Zamfara states filed a suit at the Supreme Court against the President and the National Assembly, challenging the abuse of the provisions of the constitution in declaring the State of Emergency in Rivers State.

The PDP governors in the suit marked SC/CV/329/2025, prayed the Supreme Court to determine “Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend or in any manner whatsoever interfere with the offices of a Governor and the Deputy Governor of any of the component 36 States of the Federation of Nigeria and replace same with his own unelected nominee as a Sole Administrator, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of the State of the Federation, particularly in any of the Plaintiffs States?

They further asked the apex court to determine; “Whether the consequent threat by the first Defendant acting on behalf of the President to the States of the Federation, including the Plaintiffs’ States, to the effect that the offices of the Governor and Deputy Governor of the States can be suspended by the President by virtue of a Proclamation of a State of Emergency, is not in contravention of the provisions of Sections 1(2), 4(6), 5(2), 11(2) and (3) of the Constitution of the Federal Republic of Nigeria 1999 and inconsistent with the principles of constitutional federalism?”

The Supreme Court has yet to fix a date for the hearing.

However, a Federal High Court sitting in Port Harcourt has fixed May 12 for a substantive hearing in a suit challenging the suspension of Governor Siminalayi Fubara and members of the State House of Assembly.

The suit was filed by a former member of the House of Representatives, Hon Farah Dagogo and to prevent difficulties in serving the defendants personally, the court granted an order for substituted services and fixed May 12 for the hearing.

In the case with suit No: FHC/PH/CS/50/2025, and before Justice Adamu Turaki Mohammed, the plaintiff, Dagogo, had on April 9 approached the court seeking reliefs connected to actions bothering on the declaration of a state of emergency in Rivers State and consequent suspension of the state governor and members of the State House of Assembly that involved President Bola Tinubu, the Senate President, Godswill Akpabio, the Senate, the Speaker, House of Representatives, Tajudeen Abass, and Vice Admiral Ibok-Ete Ibas (retd.), the Sole Administrator for Rivers State.

In the motion ex parte filed on April 8, the plaintiff’s legal team, led by C. I. Enweluzo, SAN, urged the court to grant permission for substituted service of the originating summons and other related court processes.

He said this was necessitated by difficulties in serving the defendants personally.

Accordingly, after reviewing the affidavit sworn by Solomon Ayotamuno, a litigation assistant at Liberty Chambers, and hearing arguments from the Plaintiff’s counsel, including Femi Adegbite, Monday Dayi, Daso Jack, and D. Bakweri, Justice Mohammed granted the application and directed that a hearing notice be issued.

Justice Mohammed adjourned the case to May 12, 2025, for substantive hearing and also ordered that all relevant court documents be served on the defendants through DHL courier service to their last known addresses.

The affected addresses are; The President of the Federal Republic of Nigeria, Aso Rock Presidential Villa, Asokoro, Abuja, The Senate President and the Senate of the Federal Republic at the National Assembly Complex, Three Arms Zone, Abuja; the Speaker of the House of Representatives, National Assembly Complex, and Vice Admiral Ibok-Ete Ibas (retd) at the Rivers State Government House, Old GRA, Port Harcourt.