The National Assembly has called on the Supreme Court of Nigeria to dismiss a lawsuit filed by 11 governors from the Peoples Democratic Party (PDP), challenging the recent declaration of a state of emergency in Rivers State.
In a preliminary objection submitted to the apex court, the National Assembly described the suit as “procedurally flawed and lacking in merit.” It urged the court to strike it out entirely and to award N1 billion in costs against the plaintiffs, labeling the suit as “frivolous and speculative.”
The National Assembly, listed as the second defendant in the case, argued that the Supreme Court lacks the jurisdiction to hear the matter, particularly claims directed against the legislative arm. It emphasized that due process was not followed by the governors in instituting the legal action.
Citing Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017, the National Assembly stated that the governors failed to issue the mandatory three-month pre-action notice to the office of the Clerk of the National Assembly. “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 objection read.
Additionally, the National Assembly contended that the plaintiffs had not obtained the necessary approvals from their respective State Houses of Assembly — a requirement for invoking the Supreme Court’s original jurisdiction as stipulated under the Supreme Court (Original Jurisdiction) Act, 2002.
While entering a memorandum of conditional appearance, the National Assembly maintained that the procedural lapses rendered the suit incompetent and urged the court to uphold its objection.
The case remains a focal point in Nigeria’s legal and political landscape as the nation watches closely for the Supreme Court’s next move.
