Federal Government Appoints 10 SANs to Defend Rivers State Emergency Rule
Legal Battle Looms as PDP Governors Challenge Suspension of Democratic Institutions
The Federal Government has assembled a formidable legal team comprising 10 Senior Advocates of Nigeria (SANs) to defend the emergency rule declaration in Rivers State. The team is led by former Attorney General of the Federation, Chief Akin Olujinmi (SAN), and includes six other lawyers.
The Legal Dream Team
The defense team includes prominent legal minds such as Prof Kanyinsola Ajayi, Jelili Owonikoko, Kehinde Ogunwumiju, Tijani Gazali, Babatunde Obama, Olawale Fapohunda, Olumide Olujinmi, Akinyemi Olujinmi, and Ademola Abimbola. Supporting them are lawyers Akinsola Olujinmi, Oluwole Ilori, Abdulwahab Abayomi, Mojeed Balogun, Jideuche Ezi, and Ramat Tijani.
Background of the Crisis
President Bola Tinubu declared a State of Emergency in Rivers State on March 18, 2025, suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members of the State House of Assembly for six months. The President appointed Ibokette Ibas (retd.) as sole administrator during this period, with the National Assembly ratifying the decision through a voice vote.
The Legal Challenge
Eleven PDP governors from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States have filed suit SC/CV/329/2025 before the Supreme Court. They challenge the constitutionality of the President’s actions, questioning:
- The authority to suspend democratically elected officials
- The constitutionality of replacing them with unelected appointees
- The validity of the National Assembly’s voice vote approval
Federal Government’s Defense
In a preliminary objection filed on May 9, 2025, the AGF argues that:
- The suit doesn’t fall under the Supreme Court’s original jurisdiction
- No justiciable dispute exists between the Federation and the plaintiffs
- The governors lack locus standi to bring the action
A counter-affidavit by Presidential aide Taiye Oloyede details the political crisis that precipitated the emergency declaration, including:
- The governor’s inability to present an Appropriation Bill
- Demolition of the State Assembly building
- Escalating violence and economic sabotage
National Assembly’s Position
The legislative body has filed its own objection, arguing that:
- Plaintiffs failed to show special damages
- Required pre-action notices weren’t served
- State Assembly resolutions authorizing the suit are missing
The Supreme Court is expected to announce a hearing date soon in this landmark constitutional case that tests the boundaries of federal power and democratic governance.
Full credit to the original publisher: The Citizen