Delta Backs Out As PDP Govs Suffer Reversal In Rivers Emergency Rule Suit
The Peoples Democratic Party (PDP) governors have suffered a major setback in their legal challenge against President Bola Tinubu’s state of emergency declaration in Rivers State, as Delta State has formally pulled out of the case.
The move comes less than two weeks after Governor Sheriff Oborevwori and the PDP leadership in the state defected to the All Progressives Congress (APC), pledging loyalty to President Tinubu.
Delta had been one of 11 PDP-led states listed as plaintiffs in the Supreme Court suit marked SC/CV/329/2025, contesting the president’s powers to suspend elected officials and appoint unelected replacements under a state of emergency.
The other states still backing the suit include Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Taraba, Zamfara, and Bayelsa.
The PDP governors, via their Attorneys-General, posed six constitutional questions, one of which was: “Whether the President of Nigeria can lawfully suspend or interfere with the offices of a governor and deputy governor and replace them with an unelected appointee under the guise of a state of emergency proclamation.”
They also asked the court to determine “whether the Attorney-General’s threat, acting on behalf of the President, to suspend the offices of governors and deputy governors by virtue of such proclamations, was in contravention of provisions of the 1999 Constitution, as amended, as well as principles of constitutional federalism.”
They further asked whether the National Assembly can approve such proclamations “by a simple voice vote rather than the constitutionally required two-thirds majority of all members of each chamber.”
In addition to nullifying the emergency rule in Rivers as published in Official Gazette No. 47 of 2025, the plaintiffs sought an injunction “restraining the defendants from suspending or approving the suspension or in any way interfering with the offices of the Governor, the Deputy Governor and/or the House of Assembly of any of the Plaintiffs States by way of a Proclamation of State of Emergency or in any manner whatsoever or by any method howsoever.”
The Attorney-General of the Federation and the National Assembly are listed as the 1st and 2nd defendants.
A senior Delta government official confirmed the state’s withdrawal from the case, saying, “At the moment, governor Oborevwori is no longer a PDP governor so there is no basis for him to remain a plaintiff in the suit that was filed by PDP governors.”
“I can assure you that once a date is fixed by the Supreme Court, the Delta state legal team will formally withdraw from the hearing,” the official, who requested anonymity, told Vanguard.
Sources also suggest that Akwa Ibom State may follow Delta’s lead and exit the suit.
Meanwhile, both the AGF, Prince Lateef Fagbemi, SAN, and the National Assembly have challenged the admissibility and jurisdiction of the Supreme Court in hearing the suit.
In its preliminary objection, the NASS argued that the plaintiffs had not met a critical condition precedent — namely, the three-month pre-action notice to the Clerk of the National Assembly as required under Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017.
The NASS stated, “A person who has a cause of action against a Legislative House shall serve a three-month’s notice to the office of the Clerk of the Legislative House disclosing the cause of action and reliefs sought.”
The NASS also pointed out that the plaintiffs had not secured the required resolutions from their State Assemblies, which is essential under the Supreme Court (Original Jurisdiction) Act, 2002.
It argued further, “In the suit, the plaintiffs seek to use the court to curtail the manner in which the 2nd defendant votes or make approval to ratify proclamations of State of Emergency declared pursuant to section 305 of the CFRN 1999, to get the 2/3 majority of their votes.
“It also seeks that the Court dictates how much roles are to be performed by the 2nd Defendant. The suit seeks to restrain the 2nd defendant from using voice votes to get majority approval for future or anticipated Proclamations of States of Emergency in the States of the Plaintiff.
“The suit also seeks by perpetual injunction, to restrain the second defendant’s Houses (Senate /House of Assembly) from carrying out their constitutional duties of approval of Proclamations of State of Emergency and seeks that the approval given by the 2nd Defendant on the 20th day of March, 2025, ratifying the proclamation of State of Emergency in Rivers State be set aside for being wrongfully approved.
“The 2nd Defendant/Applicant having observed the several deficiencies in the suit of the Plaintiffs which go contrary to the provisions of the laws and the jurisdiction of the Court raises objection and submits that the 11 States (Plaintiffs) approached the Court wrongly and in abuse of court process.”
The National Assembly, therefore, called on the apex court to dismiss the suit as “unfounded, frivolous and a vexatious waste of resources, time and energy of the 2nd defendant,” and demanded a cost of N1 billion be awarded against the plaintiffs jointly and severally.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
