The National Assembly has filed a preliminary objection at the Supreme Court, urging it to dismiss the suit brought by 11 Peoples Democratic Party (PDP) governors challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State. The federal legislature described the suit as frivolous, speculative, and procedurally flawed, requesting a ₦1 billion cost award against the plaintiffs.
In the suit, the governors questioned the legality of suspending elected state officials and replacing them with an unelected administrator, Rear Admiral Ibokette Ibas (retd.), during the emergency period. They also challenged the use of a voice vote by the National Assembly to ratify the emergency declaration, arguing that a two-thirds majority is constitutionally required.
However, the National Assembly contended that the Supreme Court lacks jurisdiction over the case, especially against the legislature, citing the plaintiffs’ failure to issue a required three-month pre-action notice or obtain authorisation from their respective State Houses of Assembly. The National Assembly insisted it was not responsible for any threats cited by the governors and that the plaintiffs lack the legal standing to sue, having suffered no specific injury.
In an affidavit by its legal officer, the National Assembly said the suit seeks to improperly direct its constitutional role and approval methods, thereby amounting to an abuse of court process. It urged the court to strike out the case and impose punitive costs to deter similar actions in the future.