The National Assembly has urged the Supreme Court to dismiss a lawsuit filed by 11 Peoples Democratic Party (PDP) governors challenging the declaration of a state of emergency in Rivers State.
In its response, the National Assembly argued that the suit was procedurally flawed and lacked merit, further requesting N1 billion in costs against the plaintiffs for what it described as a “frivolous and speculative” legal action.
In a preliminary objection, the National Assembly contended that the Supreme Court lacked jurisdiction to hear the case, particularly against it as the second defendant. It emphasized that the plaintiffs failed to issue a mandatory three-month pre-action notice to the Clerk of the National Assembly, as required under the Legislative Houses (Powers and Privileges) Act, 2017.
“A person who has a cause of action against a Legislative House shall serve a three months’ notice to the office of the Clerk of the Legislative House disclosing the cause of action and reliefs sought,” the National Assembly stated.
Additionally, it argued that the plaintiffs did not secure resolutions from their respective State Houses of Assembly before approaching the Supreme Court, a requirement under the Supreme Court (Original Jurisdiction) Act, 2002.
No Involvement in Rivers Crisis, NASS Insists
The National Assembly distanced itself from the controversy, noting that the alleged threats cited by the PDP governors originated from a statement by the Attorney-General of the Federation—not from the legislative body.
“None of the alleged threat or statement is alluded to the second defendant or any of its officers,” the filing read.
The 11 PDP governors had approached the Supreme Court to question the President’s authority to suspend a democratically elected state government and replace it with an unelected administration under emergency powers.
The plaintiffs include the governors of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states. The Attorney-General of the Federation and the National Assembly are listed as defendants.
Due Process Not Followed, NASS Argues
The National Assembly maintained that the plaintiffs failed to follow proper legal procedures before filing the suit.
“Due process of instituting the action was not followed by the plaintiffs,” it stated, adding that the case was an abuse of court process.
Godswill Onyegbu, a legal officer at the National Assembly, affirmed in a supporting affidavit that the plaintiffs lacked standing since no direct dispute existed between them and the federal legislature.
“The plaintiffs did not obtain the required resolutions from their State Houses of Assembly to authorize this suit,” Onyegbu said. “There is no cause of action against the second defendant, as no threat came from our office.”
He further argued that the governors had not demonstrated any legal injury justifying their claims and urged the court to dismiss the suit with a N1 billion cost award against the plaintiffs.
“It is in the best interest of justice for the court to dismiss or strike out this suit against the second defendant with a cost of N1 billion only, jointly and severally against the plaintiffs,” Onyegbu stated.
The Supreme Court has yet to rule on the preliminary objections.
