Eleven governors elected under the platform of the Peoples Democratic Party (PDP) have taken their legal battle to the Supreme Court, challenging what they describe as an overreach of executive power by President Bola Tinubu in suspending the democratic institutions of Rivers State.
The legal action, which was officially filed on Tuesday, seeks a constitutional interpretation of the President’s powers to suspend elected state officials and impose emergency rule. The suit also questions the legality of appointing a sole administrator to govern the state during the period of suspension.
Although initial reports had indicated that the governors had already filed the suit, the Supreme Court’s Director of Information and Public Relations, Dr. Festus Akande, confirmed to The PUNCH that the formal submission occurred on April 2.
President Tinubu’s controversial declaration of a state of emergency in Rivers State came on March 18, resulting in the suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and members of the Rivers State House of Assembly. In their place, retired Vice Admiral Ibok Ete Ibas was appointed as the sole administrator to manage the state’s affairs for an initial six-month period, a move that was later endorsed by the National Assembly.
The PDP governors, outraged by the decision affecting one of their own, have now mounted a legal challenge. The states involved in the lawsuit are Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa. The case, marked SC/CV/329/2025, is filed through the attorneys general of the respective states and is built on eight constitutional grounds.
In the suit, the plaintiffs ask the Supreme Court to determine whether the President acted within his constitutional powers by suspending elected state officials and replacing them with an unelected appointee under the guise of emergency rule.
They also request a ruling on whether Tinubu’s declaration of emergency in Rivers State aligns with the provisions of the 1999 Constitution or violates its core tenets. The legal questions raised reference several constitutional sections, including Sections 1(2), 5(2), 176, 180, 188, and 305, which relate to governance structure, emergency powers, and state autonomy.
Additionally, the suit challenges the legality of suspending a state legislature under emergency rule and calls attention to what the governors describe as a troubling trend of executive interference in the autonomy of state institutions. The filing further notes concerns about the threat of similar interventions in other states.
The Supreme Court has ordered the respondents, which include the Federal Government, to enter their appearance within 14 days of being served with the legal documents.
This lawsuit ends weeks of speculation surrounding the opposition governors’ next steps after news broke that they were preparing a constitutional challenge. Initially, only seven governors, those from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara, were identified as plaintiffs, but four more later joined the suit.
© Ripples Nigeria
