The Supreme Court has reserved judgment in the suit filed by 10 Peoples Democratic Party–controlled states challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State and the suspension of its elected officials.
A seven-member panel led by Justice Inyang Okoro announced the decision on Tuesday after all parties adopted their written arguments.
The plaintiffs, represented by the Attorneys General of 10 PDP-governed states, are questioning the legality of Tinubu’s March 2025 proclamation, which suspended Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly, replacing them with a sole administrator. The Federal Government and the National Assembly are listed as defendants.
Originally filed by 11 states — Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa — the suit (SC/CV/329/2025) saw Delta withdraw during Tuesday’s proceedings.
Lead counsel for the plaintiffs, Eyitayo Jegede (SAN), said the case did not dispute the President’s constitutional power to declare a state of emergency but challenged “the extent to which that power can displace democratically elected institutions.”
Tinubu had cited the protracted political crisis in Rivers as justification for the emergency rule and named retired Vice Admiral Ibok Ibas as sole administrator for six months.
The PDP states urged the court to determine whether the President acted outside his constitutional authority by suspending elected officials and installing an unelected administrator.
But the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), asked the court to dismiss the suit, calling it speculative and without merit. He maintained that Tinubu acted lawfully “to restore peace and protect democracy” in a state “facing an extraordinary situation.”
“The affected officials were not removed but temporarily suspended,” Fagbemi argued, adding that the plaintiffs were “trying to be more Catholic than the Pope.”
Counsel for the National Assembly, Charles Yohila, backed the AGF’s position and also urged dismissal of the suit.
After hearing all submissions, Justice Okoro announced that the court had reserved its judgment and would communicate the date of delivery to all parties in due course.
