The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has begun drafting President Bola Tinubu’s defence against a lawsuit filed by 11 People’s Democratic Party (PDP) governors challenging the declaration of emergency rule in Rivers State.
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In preparation for the legal battle, the PDP governors have assembled a formidable team of seven Senior Advocates of Nigeria (SANs) and six other attorneys to confront the Federal Government at the Supreme Court.
The SANs include Bolaji Ayorinde, Eyitayo Jegede, Kamaldeen Ajibade, J.A Mumuni, Musibau Adetunbi, Samuel Atung, and Yunus Abdulsalam, while the other lawyers are M.S. Atolagbe, Ezenwa Ibegbunam, Chiamaka Anagu, Olakunle Lawal, Abduljalil Musa, and H.A. Adeleke.
The governors are contesting President Tinubu’s powers to declare an emergency in Rivers State, suspend Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, the entire State House of Assembly, and appoint a sole administrator to govern the state.
On March 18, 2025, Tinubu declared a six-month state of emergency in Rivers State, suspending the governor, his deputy, and the lawmakers. Vice Admiral Ibok-Ete Ibas (retd.) was appointed as the Sole Administrator to manage the state’s affairs during the suspension. The National Assembly swiftly backed the President’s action through a voice vote.
The 11 states whose governors are suing are Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa.
In suit number SC/CV/329/2025, the governors have asked the Supreme Court to determine whether, under the 1999 Constitution, the President can lawfully suspend elected state officials and replace them with unelected appointees under a state of emergency proclamation. They also seek clarification on whether such actions threaten the principles of constitutional federalism and the independence of states.
A source at the AGF’s office confirmed that legal teams were actively working on drafting the response, though the Supreme Court has yet to fix a date for the hearing.
Meanwhile, a Federal High Court sitting in Port Harcourt has scheduled May 12 for the substantive hearing of another suit challenging the suspension of Governor Fubara and the Assembly members.
The suit, filed by former House of Representatives member Farah Dagogo (Suit No: FHC/PH/CS/50/2025), names President Tinubu, Senate President Godswill Akpabio, the Senate, House Speaker Tajudeen Abbas, and Sole Administrator Vice Admiral Ibok-Ete Ibas as defendants.
Dagogo’s lawyers, led by C.I. Enweluzo (SAN), successfully obtained an order for substituted service of court papers via DHL courier after personal service on the defendants proved difficult.
The hearing will proceed before Justice Adamu Turaki Mohammed, who directed that all court processes be sent to the last known addresses of the defendants, including the Aso Rock Presidential Villa, National Assembly Complex, and the Rivers State Government House.
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