The National Assembly has called on the Supreme Court to throw out a lawsuit filed by 11 Peoples Democratic Party (PDP) governors challenging the declaration of a state of emergency in Rivers State, describing the suit as “procedurally flawed, speculative, and an abuse of court process.”
In a preliminary objection dated April 22, 2025, and obtained by The PUNCH, the National Assembly maintained that the court lacks the jurisdiction to entertain the suit, especially with respect to the legislative arm.
“This is a suit relating to an alleged threatened declaration or proclamation of a state of emergency in the plaintiffs’ states by the Honourable Attorney-General and Minister of Justice,” the objection stated. “None of the alleged threat or statement alludes to the 2nd Defendant or any of its officers.”
The National Assembly also challenged the plaintiffs’ legal standing, arguing that the governors failed to serve the statutory three-month pre-action notice to the Clerk of the National Assembly, as required by Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017.
“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,” it quoted.
Additionally, the National Assembly noted that the governors lacked proper authorization to initiate the suit, pointing out that “the Plaintiffs’ States’ Houses of Assembly did not pass any resolution by a simple majority of the members present and sitting at the time of the resolution authorizing the Plaintiffs to institute this action.”
In an affidavit deposed by Mr. Godswill Onyegbu, a legal officer in the National Assembly’s Directorate of Legal Services, it was argued that “no dispute exists between the Plaintiffs and the 2nd Defendant that warrants invoking the original jurisdiction of this Honorable Court.”
Onyegbu added, “The Plaintiffs have not established any legal rights against the 2nd Defendant to warrant equitable relief such as a perpetual injunction.”
He further contended that “the Plaintiffs lack the locus standi to institute this suit as none of the Plaintiffs have shown that it has suffered anything far and above any other persons or people of Rivers State.”
The National Assembly also opposed the plaintiffs’ attempt to invalidate its ratification process, which was done via a voice vote. “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,” it stated.
According to the objection, “The Plaintiffs seek to use the Court to curtail the manner in which the 2nd Defendant votes or makes approval to ratify proclamations of a state of emergency declared pursuant to Section 305 of the Constitution.”
Calling the suit “speculative, unfounded, frivolous, and a vexatious waste of resources,” the National Assembly asked the Supreme Court to dismiss it outright and award “a cost of ₦1 billion only, jointly and severally against the Plaintiffs.”
