The National Assembly has asked the Supreme Court to throw out a case filed by 11 governors from the Peoples Democratic Party over the emergency rule declared in Rivers State.
The lawmakers also want the court to order the governors to pay them N1 billion for what they described as a “frivolous and wasteful suit.”
In a court paper dated April 22, 2025, and made public on Sunday, the National Assembly argued that the governors’ case has no legal backing and that the court has no power to hear it.
President Bola Tinubu had declared a state of emergency in Rivers State on March 18, 2025. This led to the suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members of the State House of Assembly. The president then appointed retired Rear Admiral Ibokette Ibas as the sole administrator of the state for an initial six-month period.
The National Assembly supported Tinubu’s decision with a voice vote.
However, 11 PDP governors from states including Adamawa, Oyo, Osun, Enugu, Delta, and Bayelsa took the matter to the Supreme Court, claiming the president had no power to suspend elected officials and replace them with someone who wasn’t elected.
In the suit (number SC/CV/329/2025), the governors asked the court to decide whether the president can lawfully interfere in the affairs of states by declaring a state of emergency and removing governors and lawmakers.
They also challenged the use of a voice vote by the National Assembly instead of the constitutionally required two-thirds majority to approve such an emergency rule.
The governors asked the court to cancel the emergency declaration published in Official Gazette No. 47 of 2025. They also asked the court to stop the president and National Assembly from interfering in state leadership through such declarations in the future.
But the National Assembly has now responded with a strong objection. It said the governors did not follow due process before filing the case. According to the lawmakers, the governors failed to issue a three-month notice to the Clerk of the National Assembly as required by law.
“A person who has a cause of action against a Legislative House shall serve a three-month’s notice to the office of the Clerk of the Legislative House disclosing the cause of action and reliefs sought,” the Assembly stated.
They also said the governors did not get approval from their own state Houses of Assembly before going to court, as required by the Supreme Court (Original Jurisdiction) Act, 2002.
The National Assembly noted that the governors’ complaint was based on a statement made by the Attorney-General during a press briefing, and not something the lawmakers did directly.
“There is no cause of action against the 2nd Defendant, as none of the alleged threats came from it or its officers,” the Assembly’s objection read.
A legal officer at the National Assembly, Godswill Onyegbu, submitted an affidavit backing the objection. He said the governors had no strong reason or legal right to sue the National Assembly.
“There are no disputes involving questions of law or fact upon which the existence or extent of a legal right depends between the parties,” Onyegbu stated.
He added that none of the governors had been directly affected more than the people of Rivers State and that they lacked the “locus standi,” or legal standing, to file the case.
The National Assembly accused the governors of trying to use the court to tell lawmakers how to do their job, especially concerning how emergency rules are approved.
“The suit seeks to restrain the second defendant’s Houses (Senate /House of Assembly) from carrying out their constitutional duties,” the Assembly said.
In conclusion, the National Assembly asked the Supreme Court to dismiss the case for lack of jurisdiction and due process. It also demanded N1 billion in damages from the governors, saying the case was a waste of time and public resources.
