The Federal Government has officially defended its decision to declare a state of emergency in Rivers State, citing a total collapse of governance, political instability, and attacks on vital oil infrastructure as the main reasons. This comes as a response to a lawsuit filed by 11 opposition PDP governors, who argue that the move was unconstitutional.

In a detailed affidavit submitted to the Supreme Court of Nigeria, President Bola Ahmed Tinubu’s Special Assistant, Mr. Taiye Hussain Oloyede, highlighted that the Rivers State crisis reached dangerous levels, including the demolition of the State House of Assembly by suspended Governor Siminalayi Fubara, and the inability to pass the 2025 Appropriation Bill, bringing governance to a halt.

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The affidavit also cited threats from Niger Delta militants, vandalism of oil pipelines, and violent unrest as signs of a security breakdown. According to the FG, only four lawmakers loyal to the governor were sitting in his office, while 27 others were blocked from legislative duties.

The 11 PDP-controlled states—Adamawa, Akwa Ibom, Bauchi, Bayelsa, Delta, Enugu, Osun, Oyo, Plateau, Taraba, and Zamfara—are challenging the constitutionality of the emergency rule. They argue that the President cannot suspend an elected governor or dissolve a State Assembly under the guise of emergency powers.

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However, the FG insists that Section 305 of the Nigerian Constitution empowers the President to act during national crises. They also claim the Supreme Court judgment in Rivers State House of Assembly v. Government of Rivers State (2025) affirmed that there was effectively no functioning government in the state.

The National Assembly, also named in the suit, has asked the court to dismiss the PDP governors’ petition, calling it “frivolous” and demanding ₦1 billion in damages.

This landmark case will determine the limits of presidential powers, constitutional federalism, and the future of state governance in Nigeria.

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