Rivers Emergency Rule: 11 PDP Governors Yet To Serve Summons To Tinubu, AGF

11 governors of the Peoples Democratic Party (PDP) challenging the suspension of Rivers State Governor Siminalayi Fubara by President Bola Tinubu have yet to serve summons on the office of the Attorney General of the Federation (OAGF) and the Federal Government.

Naija News reports that the PDP governors are also contesting the President’s declaration of a state of emergency in Rivers State. The Attorney General of the Federation and the Federal Government are listed as defendants in the suit.

However, sources within the OAGF revealed that the summons had not yet been delivered to the defendants, thus preventing them from responding to the allegations raised in the suit.

A senior official at the OAGF confirmed this to The Nation, stating, “We have read about the suit in the media. You in the media are the ones telling us that a suit has been filed by some PDP-controlled states against the emergency rule declared in Rivers State. For now, I can confirm to you that the office of the AGF has not been served. I believe it is this office that will also be served with processes intended for the Federal Government or the President. We are waiting. This is our office. If indeed any suit has been filed, we will respond accordingly once we are served as required.”

The suit, marked SC/CV/329/2025, has been filed by the Attorneys-General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states. The governors are seeking a ruling from the Supreme Court to determine whether the President has the power to suspend a democratically elected state structure.

The plaintiffs also seek a ruling on whether the manner in which the President declared the state of emergency in Rivers State violates the 1999 Constitution.

In particular, the plaintiffs are asking the Supreme Court to determine the following:

1. Whether the President can lawfully suspend or interfere with the offices of a Governor and Deputy Governor of any state in Nigeria, and replace them with an unelected Sole Administrator, under the guise of a state of emergency, particularly in any of the plaintiff states.

2. Whether the President can lawfully suspend the House of Assembly of any state in Nigeria under the guise of a state of emergency, particularly in any of the plaintiff states.

3. Whether the President’s threat to suspend the offices of Governors and Deputy Governors through a state of emergency is a violation of constitutional provisions, including those related to federalism and the powers of state governors.

The legal proceedings will proceed once the necessary legal documents are served to the Federal Government and the AGF’s office.