Eleven governors from the Peoples Democratic Party (PDP) have filed a lawsuit at the Supreme Court, challenging President Bola Tinubu’s constitutional authority to suspend the democratic structures of Rivers State and declare a state of emergency in the state.
The suit, filed on Tuesday and confirmed by the apex court’s Director of Information and Public Relations, Dr. Festus Akande, contests the legality of the President’s actions taken on March 18. On that date, Tinubu declared a state of emergency in Rivers, suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the Rivers State House of Assembly for six months. In their place, Vice Admiral Ibok Ete Ibas (retd.) was appointed as Sole Administrator to oversee the state’s affairs during the suspension.
The National Assembly supported the President’s declaration. However, 11 PDP governors, expressing concern over what they perceive as a breach of constitutional federalism, approached the Supreme Court with a suit marked SC/CV/329/2025. The governors are from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa.
The legal action, filed through the Attorneys General of the respective states, rests on eight constitutional grounds. Among their demands, the governors are asking the Supreme Court to determine whether the President can:
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Lawfully suspend a sitting governor and deputy governor, and replace them with an unelected nominee, using a state of emergency as justification.
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Dissolve or suspend a state’s House of Assembly during such a declaration.
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Make proclamations that threaten the democratic structure of any state in a manner inconsistent with the 1999 Constitution and constitutional federalism.
The suit cites Sections 1(2), 4(6), 5(2), 11(4 & 5), 90, 105, and 305 of the Constitution, asserting that the President’s actions contravene Nigeria’s legal framework and undermine democratic governance at the subnational level.
Respondents, including the Attorney General of the Federation, have 14 days from the date of service to respond. However, sources at the Federal Ministry of Justice disclosed that as of late March, the ministry had not yet been formally served with the court documents, despite preparing a legal response in anticipation.
A ministry source, speaking anonymously, said, “We’re ready with our response, but we haven’t received the suit yet. We've been waiting since the news broke.”
Initially, only seven PDP governors—from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara—were reported to have initiated legal proceedings, but that number later grew to 11.
Bayelsa State Governor Douye Diri, who chairs the South-South Governors’ Forum, earlier stopped short of confirming a lawsuit but instead urged the Federal Government to reverse the suspension, reinstate Governor Fubara, and establish a reconciliation panel to resolve the political standoff between the governor and state lawmakers.
The case now before the Supreme Court could set a precedent on the limits of presidential powers in Nigeria’s federal system, particularly regarding state autonomy and the declaration of emergency rule.
