PDP Governors Approach Supreme Court Over State Of Emergency Rule In Rivers State

By Akinwale Kasali

The 11 Peoples Democratic Party, PDP, Governors have approached the Apex Court, the Supreme Court  challenging what powers President Bola  Tinubu has to suspend a democratically elected structure of a State.

The suit filed by the Governors also challenges the declaration of a State of Emergency Rule in Rivers State.

The Suit was filed before the Apex Court on Tuesday.

The move by the PDP Governors was confirmed by the Director of Information and Public Relations of the Supreme Court, Dr Festus Akande.

It would be recalled that on March 18th, 2025, President Tinubu declared a State of Emergency in Rivers State and suspended Governor Siminalayi Fubara, the State Deputy Governor, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial period of six months.

Following the suspension, President Tinubu appointed Vice Admiral Ibok-Ete Ibas (retd.) as the Sole Administrator to oversee the affairs of the State pending the period of the suspension.

The Governors, in the suit marked: SC/CV/329/2025, predicated the summons on eight grounds.

The plaintiffs in the suit are Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States.

The plaintiffs urged the Supreme Court to determine if the President had the power to suspend a democratically elected structure of a State.

They also asked the apex court to determine if the way and manner the President pronounced the State of Emergency declaration in Rivers State was not in contravention of the 1999 Constitution.

Amongst others, all 11 governors in the suit, filed through their State Attorney Generals, prayed the Court to determine the following: “Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend, or in any manner whatsoever, interfere with the offices of a Governor and the Deputy Governor of any of the component 36 States of the Federation of Nigeria and replace same with his own unelected nominee as a Sole Administrator, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of the State of the Federation, particularly in any of the Plaintiffs States?

“Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 4(6), 11(4) & (5), 90, 105 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend the House of Assembly of any of the component 36 States of the Federation of Nigeria, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of such States, particularly in any of the Plaintiffs States?

“Whether the consequent threat by the first Defendant acting on behalf of the President to the States of the Federation, including the Plaintiffs’ States, to the effect that the offices of the Governor and Deputy Governor of the States can be suspended by the President by virtue of a Proclamation of a State of Emergency, is not in contravention of the provisions of Sections 1(2), 4(6), 5(2), 11(2) and (3) of the Constitution of the Federal Republic of Nigeria 1999 and inconsistent with the principles of constitutional federalism?

The respondents in the suit are to within 14 days after the service of the summons on them, inclusive of the day of such service, cause an appearance to be entered for them.

The suit filed by the opposition Governors ends weeks of speculation of what action they would take following reports that they had earlier approached the apex court to challenge the President’s action.

Before Tuesday, seven PDP Governors, specifically from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau and Zamfara states reportedly decided to challenge the President’s action by filing a suit before the Supreme Court.