Abuja, NIGERIA — The Federal Government, under the leadership of President Bola Ahmed Tinubu, has urged the Supreme Court to dismiss a legal challenge brought by 11 governors of the opposition Peoples Democratic Party (PDP) concerning the suspension of Rivers State Governor, Siminalayi Fubara. The administration presented five core arguments in its bid to have the application struck out.
The political impasse in Rivers State intensified few month when President Tinubu declared a state of emergency in the oil-rich state amid an escalating crisis between Governor Fubara and his former political ally and immediate predecessor, Nyesom Wike, now Minister of the Federal Capital Territory. Following the emergency declaration, Governor Fubara, his deputy Ngozi Odu, and all lawmakers were suspended for a six-month period. Vice Admiral Ibok-Ete Ekwe Ibas was appointed as the sole administrator to oversee the affairs of the state—a decision that has sparked significant controversy and widespread debate about constitutional overreach.
In response, 11 PDP governors filed a suit before the Supreme Court, seeking judicial clarification on whether the president and federal government possessed the constitutional authority to suspend democratically elected state officials. Legal experts have weighed in, with many questioning the legitimacy and constitutionality of the president’s actions, calling them an affront to Nigeria’s federal structure and democratic institutions.
The federal government’s legal response, submitted through the Office of the Attorney General of the Federation and Minister of Justice, contends that the suit lacks merit and should be dismissed outright. The arguments were detailed in a preliminary objection and a counter-affidavit submitted to the apex court.
Firstly, the federal government argued that the matter does not fall within the Supreme Court’s original jurisdiction, as defined under Section 232(1) of the 1999 Constitution. According to the AGF, this jurisdiction only covers legal disputes involving the federal government and one or more states when legal rights are directly in contention.
Secondly, it stated that the PDP governors’ application failed to establish any genuine legal dispute between the federation and the states involved. In essence, the federal government asserted that no “justiciable dispute” exists, thereby failing the threshold for the court to exercise jurisdiction.
The third ground for dismissal rested on the absence of a clearly defined cause of action in the suit. The AGF argued that the plaintiffs did not demonstrate a direct legal injury, nor did they possess the “locus standi” — the legal capacity — to institute the case on behalf of Governor Fubara or Rivers State.
Fourth, the federal government maintained that the suit is speculative and academic, lacking in practical relevance or urgency. As such, it argued that the case amounts to a theoretical exercise rather than a genuine legal controversy warranting Supreme Court adjudication.
Lastly, the Tinubu administration described the suit as an abuse of court process, characterising it as hypothetical and without legal foundation. It urged the court to dismiss the application in its entirety.
Discussion about this post