Delta State Withdraws from Supreme Court Suit Challenging Rivers Emergency Rule
The Peoples Democratic Party (PDP) governors have suffered a major blow in their legal battle against the Federal Government as Delta State officially withdrew from a suit challenging the declaration of a state of emergency in Rivers State.
The case, currently before the Supreme Court, questions the legality of President Bola Tinubu’s move to suspend democratic structures in the oil-rich state.
Delta State’s withdrawal follows the recent defection of Governor Sheriff Oborevwori and the PDP leadership in the state to the ruling All Progressives Congress (APC).
This shift has altered the political dynamics, leading to Delta’s exit from the group of 11 PDP states that initially filed the case.
The original suit, marked SC/CV/329/2025, was filed by PDP governors from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Taraba, Zamfara, Bayelsa, and Delta. The governors are challenging President Tinubu’s authority to declare a state of emergency in Rivers State, dissolve the state’s democratic institutions, and appoint unelected individuals to run the government.
The governors argued that such actions violate Nigeria’s 1999 Constitution and amount to an abuse of executive power. They are seeking a perpetual injunction to prevent the President and the National Assembly from suspending or interfering with duly elected state governments under the guise of emergency declarations.
Sources close to Delta State’s legal team confirmed that the state’s Attorney General, Mr. Ekemejero Ohwovoriole (SAN), has filed a notice of discontinuance with the Supreme Court. A senior government official explained the rationale behind the move:
“Governor Oborevwori is no longer a PDP governor. Continuing as a plaintiff in a lawsuit filed by PDP governors would be inconsistent with his current political alignment.”
The withdrawal weakens the unified legal front presented by the PDP and raises concerns about the sustainability of the lawsuit.
Meanwhile, the National Assembly has filed a preliminary objection, urging the Supreme Court to dismiss the suit on procedural grounds. Lawmakers argue that the governors failed to issue the mandatory 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.
They also contend that the governors did not obtain resolutions from their respective State Houses of Assembly before initiating the lawsuit—an essential requirement for invoking the Supreme Court’s original jurisdiction in such matters.
Calling the lawsuit speculative and lacking in merit, the National Assembly is also seeking ₦1 billion in damages, to be paid jointly by the plaintiffs.
With Delta State now out of the case and reports indicating that Akwa Ibom may follow suit, the PDP governors’ legal challenge faces significant hurdles. The withdrawal not only reduces the strength of the claim but also signals growing fractures within the opposition party.
The Supreme Court, under the leadership of Chief Justice Kudirat Ekekere-Ekun, is expected to empanel a seven-member bench to hear the case in the coming weeks.
As the political and legal battle over Rivers State intensifies, observers say the outcome of this case could have far-reaching implications for the balance of power between Nigeria’s federal and state governments.
