Rivers Emergency Rule: SANs, Other Legal Titans Battle-Ready

The stage appears set for a battle of legal titans over the Rivers emergency rule, a development that has remained on the front burner of the nation’s politics.

The battle for Rivers is pitching the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN) and his team, and legal luminaries representing the main opposition party in the country, the People’s Democratic Party (PDP).

The fulcrum of the battle is that President Bola Tinubu had on March 18, 2025, declared a state of emergency in Rivers State and suspended Governor Fubara, his deputy, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial period of six months.

Reports indicate that the legal titans on the government side, have commenced drafting the response of President Bola Tinubu to the People’s Democratic Party’s governors’ suit challenging the declaration.

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On the other hand, PDP governors have already marshalled 7 Senior Advocates of Nigeria (SANs), and 6 other attorneys for the battle royale, slated for the Supreme Court

On their list of SANs to do the job are:

1. Bolaji Ayorinde
2. Kamaldeen Ajibade,
3. A Mumuni,
4. Musibau Adetunbi,
5. Eyitayo Jegede,
6. Samuel Atung
7. Yunus Abdulsalam
8. S. Atolagbe,
9. Ezenwa Ibegbunam,
10. Chiamaka Anagu,
11. Olakunle Lawal,
12. Abduljalil Musa and
13. A. Adeleke.

11 PDP governors: Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states have sued President Bola Tinubu and the National Assembly for Rivers Emergency rule, and the subsequent appointment of a sole administrator to manage the affairs of the state.

In their suit marked SC/CV/329/2025, they are praying the Supreme Court to determine:

Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend or in any manner whatsoever interfere with the offices of a Governor and the Deputy Governor of any of the component 36 States of the Federation of Nigeria and replace same with his own unelected nominee as a Sole Administrator, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of the State of the Federation, particularly in any of the Plaintiffs States?

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In the suit marked SC/CV/329/2025, among others, asked the Supreme Court to determine

1. “Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend or in any manner whatsoever interfere with the offices of a Governor and the Deputy Governor of any of the component 36 States of the Federation of Nigeria and replace same with his own unelected nominee as a Sole Administrator, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of the State of the Federation, particularly in any of the Plaintiffs States?

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2. “Whether the consequent threat by the first Defendant acting on behalf of the President to the States of the Federation, including the Plaintiffs’ States, to the effect that the offices of the Governor and Deputy Governor of the States can be suspended by the President by virtue of a Proclamation of a State of Emergency, is not in contravention of the provisions of Sections 1(2), 4(6), 5(2), 11(2) and (3) of the Constitution of the Federal Republic of Nigeria 1999 and inconsistent with the principles of constitutional federalism?”

With the above scenario, the contest over the Rivers emergency rule has engaged another gear, and it leaves to be seen how this all will play out.