PDP Governors Go to Court to Challenge Tinubu’s Emergency Rule in Rivers State

Eleven governors from the People’s Democratic Party (PDP) have filed a suit at the Supreme Court, questioning whether President Bola Tinubu has the constitutional right to suspend an elected government and declare a state of emergency in Rivers State.

The governors are contesting the legality of the March 18 emergency declaration, which led to the suspension of Rivers State Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the state’s House of Assembly for an initial six-month period.

Following the suspension, the President appointed Vice Admiral Ibok Ete Ibas (retd.) as sole administrator, temporarily overseeing the state’s governance.

The suit, marked SC/CV/329/2025, was filed on Tuesday, as confirmed by Supreme Court spokesperson Dr. Festus Akande.

The plaintiffs include the governors of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa, each represented by their state Attorneys General.

Constitutional Questions Raised

The governors are asking the Supreme Court to decide whether the President has the power to unilaterally suspend elected officials and replace them with an unelected administrator under the guise of emergency rule.

They argue that the emergency declaration violates multiple sections of the 1999 Constitution, including Sections 1(2), 4(6), 5(2), 11(4) & (5), 90, 105, 176, 180, 188, and 305.

The lawsuit presents three key legal questions:

1. Whether the President can lawfully remove a governor, deputy governor, or House of Assembly members and appoint an unelected administrator.
2. Whether this move undermines Nigeria’s federal structure, which guarantees state autonomy.
3. Whether public threats from federal officials, implying the President can suspend elected state leaders, align with constitutional principles.

The Federal Government and other respondents are expected to file their appearance within 14 days after being served the summons.

This legal challenge comes after weeks of speculation over whether PDP governors would take action. Initially, reports indicated that seven PDP states planned to file the lawsuit. However, Supreme Court records now confirm 11 states are involved.

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