By Oriakhi loveth Omosefe
FG Appoints 12 SANs to Defend Rivers State Emergency Rule in Supreme Court
The Federal Government has appointed a team of 12 Senior Advocates of Nigeria (SANs),
led by former Attorney General of the Federation, Chief Akin Olujinmi, to defend the declaration of a state of emergency in Rivers State,
following a legal challenge by 11 governors from the Peoples Democratic Party (PDP). The governors,
representing states across the country, have taken the matter to the Supreme Court,
questioning the constitutionality of the President’s decision to suspend democratic institutions in the oil-rich state.
President Bola Ahmed Tinubu declared a state of emergency in Rivers State
Click:https://youtu.be/Rfr8-TyZGpM?si=BnYgUlB-iSx7xLOb
suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the State House of Assembly.
Retired military officer Ibokette Ibas was appointed as sole administrator to oversee the state’s affairs for six months.
The National Assembly swiftly ratified the move through a voice vote.
Reacting to the declaration, PDP governors from Adamawa, Enugu, Osun, Oyo,
Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa filed a suit at the Supreme Court.
In their submission, marked SC/CV/329/2025, the governors challenged the legality of suspending elected officials under the guise of emergency powers.
They argued that the President had overstepped his constitutional authority and that the National Assembly’s ratification failed to meet the required two-thirds majority.
The governors are asking the court to rule on several key issues,
whether a president can suspend elected governors and legislatures and appoint unelected officials.
They also seek a perpetual injunction to restrain the Federal Government from repeating such actions in any other state.
In response, the Federal Government filed a preliminary objection and counter-affidavit on May 9,urging the court to dismiss the case.
Filed by Chief Olujinmi, the motion argues that the Supreme Court lacks jurisdiction since the case does not present a dispute
between the federation and individual states, as required by Section 232(1) of the Constitution.
Backing the emergency declaration, a special assistant to the President, Taiye Oloyede,
submitted in a sworn affidavit that Rivers State was in a state of political paralysis.
He described a bitter standoff between the governor and the majority of the state assembly,
a lack of budget approval, and growing security threats.
Oloyede claimed that militants had taken to threatening violence while the governor remained passive.
The Federal Government contends that extraordinary measures,
suspending the state’s leadership, were necessary to prevent further breakdown of law and order.
The National Assembly, also named as a defendant, filed its own objection.
It questioned the governors’ legal standing and asked the court to dismiss the suit as speculative.
It further argued that the plaintiffs failed to follow due process, including issuing the mandatory pre-action notice,
securing resolutions from their respective Houses of Assembly.
The Supreme Court is expected to announce a date for the hearing this week.
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