PDP Govs Drag Tinubu To Supreme Court Over Rivers’ Emergency Rule
BY SEGUN ADEBAYO – Not at ease with worrying political undercurrent in the country, Governors of the opposition Peoples Democratic Party (PDP) have dragged President Bola Tinubu before the Supreme Court challenging the state of emergency rule declaration in Rivers State.
The PDP governors, comprising Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states, argued that the President lacks the constitutional power to suspend a democratically elected governor and deputy governor.
It is also their contention that the President’s decision to appoint of a Sole Administrator is not only an aberration but also an affront on the 1999 Constitution of Nigeria (as amended).
Available Court documents indicate that the governors are seeking a declaration that the President’s actions violate Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
Furthermore, they argued that the President has “no powers whatsoever or vires to suspend a democratically elected Governor and Deputy Governor of a state in the Federation of Nigeria under the guise of or pursuant to the proclamation of a state of emergency.”
The governors are also challenging the approval of the state of emergency by the National Assembly, arguing that the use of a voice vote is unconstitutional, as the law mandates a two-thirds majority vote from all members of each legislative chamber.
In their submission to the apex court, the plaintiffs further argued that the emergency proclamation did not meet the constitutional requirements set by Section 305.
According to the PDP Governors; “The proclamation failed to meet the stipulated conditions and procedures for such a declaration and was made for reasons beyond those specified in the said constitutional provision”.
Additionally, the aggrieved governors are seeking an order nullifying the appointment of Vice Admiral Ibok-Ete Ibas (rtd) as the Sole Administrator, declaring it unlawful and in gross violation of the Constitution.
Also, they want the Court to restrain the President from further attempts to suspend other governors or interfere with their constitutional duties.
The governors’ suit comes on heels of President Tinubu’s emergency rule declaration in Rivers State on 18th March 2025, citing Section 305(5) of the 1999 Constitution of Nigeria (as amended).
In the process, Mr President proclaimed the suspension of Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all members of the state House of Assembly for six months, while also appointing Vice-Admiral Ibok-Ete Ibas (rtd) as Sole Administrator of the Oil-rich state.
Other States under the watch of PDP Chief Executives are Akwa Ibom, Delta, Oyo, and Taraba. However, with the crisis in Rivers State, the number of PDP-controlled States has dropped to 11 from the original 12 as at November 12, 2024.
