11 governors of the Peoples Democratic Party (PDP) have filed a suit at the Supreme Court challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State. The governors argue that the President’s action is unconstitutional and undermines the democratic process.
The suit, marked SC/CV/329/2025, questions the President’s authority to suspend Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the Rivers State House of Assembly. The governors contend that this action sets a dangerous precedent for future executive actions.
The governors’ concerns
The plaintiffs, comprising Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states, urge the Supreme Court to determine whether the President has the powers to suspend a democratically elected structure of a state. They also seek clarification on whether the declaration of a state of emergency in Rivers State contravenes the 1999 Constitution.
The governors want the court to determine:
Suspension of Governors and Deputy Governors: “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 interfere with the offices of a Governor and the Deputy Governor… and replace same with his unelected nominee as a Sole Administrator.”
Suspension of State Assemblies: “Whether… the President can lawfully suspend the House of Assembly of any… State, under the guise of, or according to, a Proclamation of a State of Emergency.”
Consistency with Federalism: “Whether the consequent threat… that the President can suspend the offices of the Governor and Deputy Governor… is not in contravention of… constitutional federalism.”
Background
President Tinubu declared a state of emergency in Rivers State on March 18, suspending Governor Fubara, Deputy Governor Odu, and the state House of Assembly for six months. Vice Admiral Ibok Ete Ibas (retd.) was appointed as the sole administrator to oversee the state’s affairs.
The respondents have 14 days to enter an appearance after being served the summons. The outcome of this case will have significant implications for Nigeria’s democracy and the relationship between the federal government and states ¹.
