Rivers Emergency Rule – Finally, PDP Govs Approach Supreme Court

• Challenge Tinubu’s powers to suspend State’s democratic structure 

BY EDMOND ODOK – Finally, the opposition Peoples Democratic Party (PDP) seems to put its house with 11 governors of the Party approaching the Supreme Court to formally challenge the powers of President Bola Tinubu over his suspension of a democratically elected state structure.

The Governors’ suit is also challenging the declaration of a state of emergency rule in the oil-rich Rivers State.

Contrary to earlier media reports, the governors only officially filed their suit before the apex Court on Tuesday, 8th April 2025

Official confirmation of this latest development came from the apex Court’s Director of Information and Public Relations, Dr Festus Akande.

From documents now before the apex Court, the PDP governors are effectively challenging the suspension of Governor Fubara and his deputy, the declaration of emergency rule in Rivers state and the appointment of the sole administrator.

In the suit marked: SC/CV/329/2025, the Governors from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states are predicating their case on eight grounds.

As the plaintiffs, they are urging the Supreme Court to determine if the President has the powers to suspend a democratically elected structure of a state.

They also want the apex court to determine if the way and manner the President pronounced the state of emergency declaration in Rivers State was not in contravention of the 1999 Constitution.

Additionally, the governors filed the suit through their state Attorney Generals, are asking 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 upon a proper construction and interpretation of the provisions of Sections 1(2), 4(6), 11(4) & (5), 90, 105 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend the House of Assembly of any of the component 36 States of the Federation of Nigeria, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of such States, 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?”

Competent source at the Supreme Court explained that the respondents in the suit are to within 14 days after the service of the summons on them, inclusive of the day of such service, cause an appearance to be entered for them.

Forefront News recalls that the President had on March 18, 2025 declared a state of emergency in Rivers State and suspended Governor Siminalayi Fubara, the state deputy governor, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial period of six months.

He thereafter appointed Vice Admiral Ibok Ete Ibas (rtd) as the Sole Administrator to run the affairs of Rivers State within the emergency period.

Amid strong reservations and condemnations from some quarters, both house of the National Assembly (NASS) took a voice vote to support the President’s course of action.