AGF Fagbemi Drafts Tinubu’s Defense as PDP Governors Drag FG to Supreme Court over Rivers Crisis
Abuja, Nigeria — A legal storm is brewing at the apex court as the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has begun drafting President Bola Tinubu’s response to a suit filed by eleven governors of the opposition People’s Democratic Party (PDP), challenging the President’s controversial declaration of emergency rule in Rivers State.
The PDP governors have assembled a formidable legal team comprising seven Senior Advocates of Nigeria (SANs) and six other seasoned attorneys to contest what they describe as an overreach of presidential powers. At the core of the dispute is Tinubu’s March 18, 2025, proclamation of a state of emergency in Rivers State, which led to the suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the entire Rivers State House of Assembly.
In an unprecedented move, Tinubu appointed retired Vice Admiral Ibok Ete Ibas as the sole administrator to oversee the state’s affairs—pending the resolution of the emergency period. The National Assembly quickly endorsed the decision through a voice vote, further escalating political tensions across the federation.
But the PDP governors are pushing back.
In a suit filed at the Supreme Court with case number SC/CV/329/2025, the governors from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states are asking the court to determine whether the President has the constitutional authority to suspend elected state officials and appoint an unelected administrator in their place.
Their legal team includes respected SANs such as Bolaji Ayorinde, Eyitayo Jegede, Kamaldeen Ajibade, J.A Mumuni, Musibau Adetunbi, Samuel Atung, and Yunus Abdulsalam. They are joined by M.S. Atolagbe, Ezenwa Ibegbunam, Chiamaka Anagu, Olakunle Lawal, Abduljalil Musa, and H.A. Adeleke.
The governors argue that Tinubu’s action is in direct violation of Sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Constitution, which safeguard the autonomy of state governments and uphold the principles of constitutional federalism. They contend that suspending elected officials under the guise of emergency rule is both unconstitutional and dangerous to Nigeria’s democratic framework.
Specifically, the governors want the court to determine:
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Whether the President can lawfully suspend a Governor or Deputy Governor and appoint a sole administrator without violating the Constitution.
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Whether such actions are consistent with the tenets of democracy and the separation of powers enshrined in the Nigerian Constitution.
As Fagbemi leads the Federal Government’s legal strategy, constitutional lawyers and political analysts across the nation are watching closely. The case is poised to become a landmark decision, one that could redefine the limits of executive power and shape the future of Nigeria’s federal democracy.
The date for the Supreme Court hearing is yet to be announced, but legal fireworks are all but guaranteed.
