President Bola Tinubu has urged the Supreme Court to dismiss a lawsuit filed by several governors from the opposition Peoples Democratic Party (PDP), challenging his declaration of a state of emergency in Rivers State. The lawsuit, which was initially filed in March 2025, contests the suspension of the state’s elected officials, including Governor Siminalayi Fubara and his deputy, Ngozi Odu, following the emergency rule imposed by the president.

The president’s legal team, led by Attorney General of the Federation Mr. Lateef Fagbemi, argues that the case does not fall under the Supreme Court’s original jurisdiction. According to Fagbemi, the lawsuit does not involve a dispute between the Federation and a state, or between states, as required by the Nigerian Constitution. He further asserts that the PDP-led states, which have expanded the suit to 11, have failed to show any legitimate dispute with the federal government, rendering the case invalid.

In defense of the emergency declaration, which Tinubu issued in March, the president’s team has argued that the move was necessary due to rising political instability and security threats in Rivers State, including attacks on oil infrastructure. Tinubu suspended Governor Fubara, his deputy, and all state lawmakers, appointing Vice Admiral Ibok-Ete Ibas (rtd.) as the state’s Sole Administrator. The National Assembly later approved the emergency rule, confirming its constitutional role in such matters.

While Tinubu’s legal team maintains that the emergency rule was a necessary action to maintain order, the PDP governors claim it was an unconstitutional and politically driven move. They also object to the process through which the National Assembly approved the emergency, questioning the validity of voice votes instead of a physical count of votes for the two-thirds majority required.

Taiye Hussain Oloyede, Special Assistant to the President on Arbitration, Drafting, and Regulations, supported the president’s position with an affidavit. He argued that the governors’ lawsuit was politically motivated, driven by fear that Tinubu could impose similar emergency measures in their states. Oloyede described the lawsuit as an attempt to undermine the president rather than address a genuine legal issue.

The case is further complicated by shifting political dynamics. Several of the governors originally involved in the lawsuit have altered their political allegiances. Governor Sheriff Oborevwori of Delta State has defected to the ruling All Progressives Congress (APC), while Governor Umo Eno of Akwa Ibom State has voiced support for Tinubu’s second term, with speculation that he may also switch to the ruling party.

The Supreme Court has not yet scheduled a hearing for the case, but the decision could have major implications for the balance of power between Nigeria’s federal and state governments. A ruling in favor of Tinubu could set a precedent for more federal intervention in state matters during crises, while a ruling against him could strengthen state autonomy.