The 11 PDP governors have made good their threat to file an appeal at the Supreme Court, challenging President Bola Tinubu’s power to suspend democratically elected Rivers governor and the legislature.
The Director of Information and Public Relations of the Supreme Court, Dr. Festus Akande, confirmed that the suit also challenged the declaration of a state of emergency rule
Persecondnews had reported that President Tinubu on March 18 declared a state of emergency in Rivers State and suspended Gov. Siminalayi Fubara, the state Deputy Governor, Prof. Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial period of six months.
Consequently, the President appointed retired Vice Admiral Ibok Ete Ibas as the sole administrator to oversee the affairs of the state pending the period of the suspension.
Throwing its weight behind the suspension, the National Assembly voted for its implementation on March 19.
Upset by the suspension of a fellow governor, the governors approached the Supreme Court to challenge the suspension, the declaration of emergency rule in Rivers state and the appointment of the sole administrator before the apex court in the country.
The governors, in the suit marked: SC/CV/329/2025, predicated the summon on eight grounds.
The plaintiffs in the suit are – Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.
The governors are urging the Supreme Court to decide whether the President has the authority to suspend a democratically elected state government structure.
The plaintiffs also requested that the Supreme Court decide wether 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 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 lawsuit are required to enter an appearance within 14 days after being served with the summons, including the day of service.
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