Eleven state governors from the Peoples Democratic Party (PDP) have approached the Supreme Court, questioning the authority of President Bola Tinubu to declare a state of emergency in Rivers State and suspend the state’s elected officials.
The move comes in reaction to the President’s actions on March 18, which included suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the entire Rivers State House of Assembly for six months.
In their legal challenge filed on April 8, the governors asked the Supreme Court to determine whether the President has the constitutional powers to dissolve or replace elected state leaders with an unelected appointee. Following the suspension, Vice Admiral Ibok Ete Ibas (retd.) was named as the sole administrator of Rivers State.
The Supreme Court’s Director of Information and Public Relations, Dr. Festus Akande, confirmed that the suit had indeed been filed. The PDP governors claim that the declaration of emergency and subsequent suspension of elected officials is a breach of the Nigerian Constitution.
The 11 states involved in the suit are Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa. Each of these states filed the suit through their respective Attorneys General.
The lawsuit, numbered SC/CV/329/2025, is based on eight legal questions. The governors ask whether, under Sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Constitution, the President has any right to interfere with state governments by suspending them and appointing a sole administrator.
They also want the court to look into whether the President can lawfully suspend a state assembly, as they believe the action violates constitutional principles and undermines democratic governance in the states.
One of the core issues raised in the suit is this: “Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution… the President… can lawfully suspend or in any manner whatsoever interfere with the offices of a Governor and the Deputy Governor… and replace same with his own unelected nominee as a Sole Administrator.”
The Federal Government is expected to respond to the court summon within 14 days of being served.
Although there were earlier reports suggesting that a suit had already been filed, multiple sources at the Ministry of Justice said they had not received any official court documents until this week. One legal officer mentioned, “We have our response ready… but we have yet to be served. We are still waiting.”
Last month, Governor Duoye Diri of Bayelsa, who also chairs the South-South Governors’ Forum, avoided commenting on legal action. Instead, he called on the Federal Government to restore Governor Fubara to office and facilitate peace talks between the governor and lawmakers.
