Eleven governors from the Peoples Democratic Party (PDP) have taken President Bola Tinubu to the Supreme Court, challenging his declaration of a state of emergency in Rivers State and the suspension of its elected leaders.
In a suit filed on Tuesday at the Supreme Court, the governors asked Nigeria’s highest court to stop President Tinubu from removing democratically elected state officials and replacing them with unelected appointees.
This legal move comes after President Tinubu, on March 18, declared a six-month state of emergency in Rivers State. He also suspended the state governor, Siminalayi Fubara, his deputy, Ngozi Odu, and the entire House of Assembly. In their place, Tinubu appointed retired Vice Admiral Ibok Ete Ibas as sole administrator to run the state temporarily.
The National Assembly backed the president’s decision at the time. However, this action sparked outrage among many PDP leaders, who say the move is unconstitutional.
No One Is Above the Constitution
The 11 PDP governors involved in the case are from the states of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa. They argue that the president does not have the power to remove elected officials under Nigeria’s constitution.
“The president cannot suspend a governor and appoint his own person to take over. That’s not how democracy works,” said one state official familiar with the suit.
The governors are asking the Supreme Court to interpret key sections of the 1999 Constitution, including Sections 1(2), 5(2), 176, 180, 188 and 305. They want the court to answer whether the president can legally suspend a governor, deputy governor, or state assembly under any emergency situation.
Their suit also asks if such a move violates the principles of constitutional federalism, which require power to be shared fairly between the federal and state governments.
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We Want the Supreme Court to Stop This
Speaking to The PUNCH, the Supreme Court’s Director of Information and Public Relations, Dr. Festus Akande, confirmed that the suit was filed on Tuesday.
The suit is marked SC/CV/329/2025 and was filed through the attorneys general of the 11 PDP-led states.
Another source close to the governors said, “We want the Supreme Court to stop this kind of interference. If the president can suspend any governor, then no state is safe. It’s a dangerous path.”
The governors claim the president’s actions not only lack legal backing but also threaten Nigeria’s democracy.
Confusion Over Filing Date
There had been earlier reports that the governors had already filed the suit. However, checks by The PUNCH revealed that the case was only formally submitted this week.
Multiple sources at the Supreme Court and Ministry of Justice said they had not been served the court documents until now.
“We haven’t seen it,” a Ministry of Justice lawyer said last month when asked if the Attorney General, Lateef Fagbemi (SAN), had received the lawsuit.
Another senior official said they had prepared a response weeks ago after hearing about the possible legal challenge, but they were still waiting to be officially served.
“We started reading books and preparing, but up till now, we haven’t been served,” the official told The PUNCH under anonymity.
Calls for Reconciliation, Not Removal
Bayelsa State Governor, Duoye Diri, who chairs the South-South Governors’ Forum, has also spoken about the matter. While he did not confirm the legal action earlier, he called on the federal government to reverse the state of emergency in Rivers.
“We urge the federal government to reinstate Governor Fubara and seek peaceful resolution. Set up a panel to reconcile the governor and the lawmakers,” Diri said.
The Supreme Court has now given the defendants 14 days to respond to the summons.
This lawsuit marks a significant moment in Nigeria’s democracy, as the opposition challenges what it sees as overreach by the federal government.
As one political observer put it, “This is not just about Rivers State. It’s about the future of governance in Nigeria.”