The National Assembly has urged the Supreme Court of Nigeria to dismiss the suit filed by 11 governors from the Peoples Democratic Party (PDP) 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.
The legislative arm of the government further contended that the court lacked the jurisdiction to entertain the suit and should award N1 billion in costs against the plaintiffs for filing what it termed a frivolous and speculative suit.
The National Assembly, in a preliminary objection, argued that the court lacked the jurisdiction to entertain the case, particularly against it, “the second defendant”;.
While declaring that it holds a memorandum of conditional appearance, the National Assembly stated that due process was not followed in instituting the suit.
It stressed that the plaintiffs failed to issue the statutorily required three-month pre-action notice to the Clerk of the National Assembly, as mandated under 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 months’ notice to the office of the Clerk of the Legislative House disclosing the cause of action and reliefs sought,”; it said.
The NASS further argued that the plaintiffs did not secure resolutions from their respective State Houses of Assembly, a prerequisite for approaching the Supreme Court under its original jurisdiction provisions outlined in the Supreme Court (Original Jurisdiction) Act, 2002.
