ABUJA— The Supreme Court, on Tuesday, reserved judgement a suit that 11 states hitherto controlled by the Peoples Democratic Party, PDP, filed to challenge what they described as President Bola Tinubu’s unconstitutional actions in Rivers State.

Specifically, the states, through their respective Attorneys-General, queried the statutory powers of President Tinubu to suspend a serving governor from office after the proclamation of emergency rule in the state.

They are praying the apex court to declare that based on provisions of sections 1(2), 5(2), and 305 of the 1999 Constitution, as amended, President Tinubu, “has no powers whatsoever or vires to suspend a democratically elected governor and deputy governor of a state in the federation of Nigeria under the guise of or pursuant to the proclamation of a state of emergency in the state of the federation by the president, including the states of the federation represented by the plaintiffs.”

They equally prayed the court to declare that President Tinubu has no power to suspend a democratically elected House of Assembly of a state pursuant to Sections 192 (4) (6) and 305 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

As well as to declare that the suspension of Governor Siminalaye Fubara, his deputy and members of the Rivers State Assembly was unconstitutional, unlawful, illegal and utterly in gross violation of provisions of the 1999 Constitution, as amended.

Cited as 1st and 2nd Respondents in the suit marked: SC/CV/329/2025, were the Attorney General of the Federation, AGF, and the National Assembly, NASS.

When the case was called up for hearing, the AGF, Prince Lateef Fagbemi, SAN, appeared in person to represent the Federal Government, while Mr. Charles Yohila, represented the NASS.

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Mr. Eyitayo Jegede, SAN, led a team of lawyers that announced appearance for the PDP states.

A seven-man panel led by Justice Inyang Okoro okayed the matter for judgement after all the parties adopted their briefs of argument.

Meanwhile, before it was adjourned, Delta State, which was initially listed as the 5th plaintiff, formally withdrew from the case.

It will be recalled that Governor Sheriff Oborevwori had during the pendency of the suit, defected from to the PDP to the ruling All Progressives Congress, APC, and pledged his unalloyed support for President Tinubu.

Aside from Delta, other states behind the suit were; Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Taraba, Zamfara, and Bayelsa.

Arguing the case for the plaintiffs, Jegede, SAN, clarified that his clients were not challenging the power of the president to proclaim a state of emergency, but “the extent to which the proclamation can be made to affect the offices of the Governor, Deputy Governor, and the State House of Assembly.”

On his part, the AGF urged the court to dismiss the suit for want of merit, insisting that President Tinubu’s action was in the overall interest of Rivers State.

According to him, the state was engulfed in a political crisis that involved the governor, deputy governor and the lawmakers.

“No responsible government would sit back and allow the state to burn, without taking any action,” Fagbemi, SAN, added, stressing that Fubara’s suspension along with his deputy and the lawmakers, “was an extraordinary measure to check an extraordinary situation.”

“My lords, the president had to act and act fast to safeguard the state.

“The starting point is the judgement of the Supreme Court, wherein your lordships held that as things were at that time, there was no government and governance in Rivers State.

“Therefore, the president had no choice but a duty to act in the best interest of the state.

“What he did was to suspend the protagonists, not remove them. Rivers was in an extraordinary situation, and that required taking extraordinary measures to restore peace and protect democracy,” the AGF contended.

His position was adopted by the NASS which also urged the court to dismiss the suit.

The Supreme Court panel said it would communicate the judgement date to the parties.

Other members of the seven-man panel that heard the case on Tuesday, were; Justices Chioma Nwosu-Iheme, Haruna Tsammani, Obarinde Ogbuinya, Stephen Adah, Habeeb Abiru and Mohammed Idris.