ABUJA, Nigeria – Governors of several states under the Peoples Democratic Party (PDP) have filed a lawsuit at the Supreme Court, challenging the six-month suspension imposed on Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and the state House of Assembly members by President Bola Tinubu.
The suspension followed President Tinubu’s declaration of a state of emergency in Rivers State on March 18, 2025, which resulted in the appointment of a sole administrator for the state.
While the national legislature supported the president’s decision, the governors of Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states have raised constitutional concerns regarding the president’s authority to carry out such actions.
The governors, through their Attorney-Generals, have asked the Supreme Court to declare that the president lacks the constitutional power to suspend a democratically elected governor and deputy governor under the guise of a state of emergency.
They also argued that the president has no legal authority to suspend a state House of Assembly, invoking Sections 1(2), 5(2), and 305 of the 1999 Constitution, as amended.
The appellants have sought a declaration from the Court that the suspension of Governor Fubara, his deputy, and the Rivers State House of Assembly is unconstitutional, unlawful, and a violation of the 1999 Constitution.
They are also calling for the nullification of the appointment of the sole administrator and the actions taken by the National Assembly to ratify the president’s decision.
The governors argue that President Tinubu’s declaration of a state of emergency in Rivers State does not meet the constitutional requirements laid out in Section 305 of the Constitution.
They contend that the proclamation was made for reasons outside those specified by the Constitution, and that the voice vote used by the National Assembly to approve the declaration was invalid, as the Constitution requires a two-thirds majority vote from both chambers.
The PDP governors are seeking several key orders from the Supreme Court, including:
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A declaration that the proclamation of a state of emergency in Rivers State is unlawful and should be nullified.
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An injunction restraining President Tinubu, his agents, and servants from implementing the suspension of the governor and deputy governor of Rivers State.
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An order preventing the president from interfering with the execution of the constitutional duties of the Rivers State governor and deputy governor.
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A further injunction barring the president from attempting to suspend any other governor in Nigeria, particularly those of the plaintiff states, or from undermining their constitutional duties.
