A total of 11 governors elected on the platform of the Peoples Democratic Party (PDP) have dragged President Bola Ahmed Tinubu to the Supreme Court, challenging the legality of his declaration of a state of emergency in Rivers State and the suspension of the state’s elected officials. The PDP governors are seeking judicial interpretation of the constitutional limits of the President’s powers to unilaterally suspend a sitting governor and replace the state’s political structure with a sole administrator.
The suit, officially filed before the Supreme Court on Tuesday and marked SC/CV/329/2025, challenges the suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the Rivers State House of Assembly. It also contests the appointment of Vice Admiral Ibok Ete Ibas (retd.) as the sole administrator of the state. This legal challenge follows President Tinubu’s March 18 emergency proclamation, which was later backed by the National Assembly.
Constitutional Questions Before the Supreme Court
Filed by the Attorneys-General of the 11 PDP states—Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa—the suit presents eight key constitutional questions for determination. The PDP governors are asking the apex court to clarify whether the President has the constitutional backing to suspend democratically elected officials under the guise of a state of emergency.
The suit specifically references sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Constitution, querying whether the suspension and replacement of elected officials with an unelected nominee is consistent with Nigeria’s federal principles. The PDP governors argue that such an action undermines the constitution and sets a dangerous precedent for executive overreach, especially in opposition-controlled states.
Legal Proceedings and Service Delays
Despite earlier reports suggesting the suit had already been filed, confirmation only came this week from Dr. Festus Akande, the Supreme Court’s Director of Information and Public Relations. However, sources at the Ministry of Justice disclosed that the Federal Government had not yet been served with the court documents as of the end of March.
A state counsel within the Attorney General’s office told The OpitanglobaMedia that although preparations for a response had begun, they were still awaiting formal service of the suit. “We have our response ready because for three days we started reading books to prepare, but we have yet to be served,” the official revealed under anonymity. The delay in service has created uncertainty around the timeline for the hearing and response from the federal government.
South-South Governors’ Forum Calls for Peaceful Resolution
Bayelsa State Governor Duoye Diri, who also chairs the South-South Governors’ Forum, has previously called for the reversal of the emergency rule in Rivers State. However, he had remained silent on the specifics of the legal action at the time. Instead, Diri urged the Federal Government to immediately reinstate Governor Fubara and initiate reconciliation between him and the lawmakers.
The Governors emphasized the need for dialogue and respect for democratic processes, stating that imposing federal might on a subnational government could deepen political instability in the region. His stance was echoed by other PDP governors who have expressed concern over what they describe as a politically motivated overreach by the Presidency.
PDP Governors Supreme Court challenge of President Tinubu:Implications for Federalism and Political Stability
The suit marks a significant test of Nigeria’s federal structure and the limits of presidential powers under emergency rule provisions. It also brings to the fore questions of political fairness and the autonomy of state governments, particularly those led by opposition parties. If the Supreme Court rules in favor of the PDP governors, it could curtail future attempts by the federal government to interfere with elected state administrations.
Conversely, a ruling in favor of the President may empower the executive arm to take drastic actions in the name of national security, even when such actions are politically controversial. As Nigeria heads into a more politically charged period, the outcome of this legal battle could shape the country’s democratic trajectory and redefine the balance of power between Abuja and the states
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