In a landmark legal showdown, 11 governors of the Peoples Democratic Party (PDP) have approached the Supreme Court to challenge the constitutionality of President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State, as well as the suspension of the state’s democratically elected structure.
The suit, filed on Tuesday and confirmed by the Director of Information and Public Relations of the Supreme Court, Dr. Festus Akande, was exclusively reported by 9am News.
President Tinubu had, on March 18, 2025, declared a six-month emergency rule in Rivers State, suspending Governor Siminalayi Fubara, his deputy Ngozi Odu, and all elected state legislators. In their place, he appointed Vice Admiral Ibok-Ete Ibas (retd.) as the sole administrator a move that immediately drew widespread criticism and legal concerns.
The plaintiff states include:
- Adamawa
- Enugu
- Osun
- Oyo
- Bauchi
- Akwa Ibom
- Plateau
- Delta
- Taraba
- Zamfara
- Bayelsa
Filed through their respective state Attorneys-General, the governors are seeking the Supreme Court’s interpretation of the President’s powers under the 1999 Constitution, specifically regarding Sections 1(2), 5(2), 176, 180, 188, and 305.
Among the critical constitutional questions raised are:
- Can the President lawfully suspend a democratically elected governor or deputy governor of any state and replace them with an unelected administrator under emergency rule?
- Is the suspension of a state House of Assembly by the President constitutional, even under a proclaimed emergency?
- Does threatening such suspension in other states violate the principles of federalism and the separation of powers enshrined in the Constitution?
The governors argue that Tinubu’s actions represent a dangerous overreach of executive authority and could set a dangerous precedent if not addressed by the apex court.
The suit, marked SC/CV/329/2025, compels the respondents to enter an appearance within 14 days of being served. However, multiple sources within the Supreme Court and Ministry of Justice confirmed that, as of late March, the Federal Government had not been served the legal documents, despite public reports suggesting otherwise.
An unnamed counsel from the Attorney General’s office revealed that while preparations for a legal response had begun, official service of the suit was yet to occur.
This suit intensifies the political drama surrounding Rivers State, while also sparking a broader debate over executive overreach, constitutional order, and federalism in Nigeria.
Governor Douye Diri of Bayelsa, chairman of the South-South Governors’ Forum, had earlier called for reconciliation and the reversal of the emergency rule, but did not confirm any legal action at the time. Now, with the filing officially confirmed, the PDP is stepping up its opposition through the judiciary.
Stay tuned to 9am News Nigeria for more Breaking News, Business News, Sports updates And Entertainment Gists.
