Eleven governors from the Peoples Democratic Party (PDP) have filed a lawsuit at Nigeria’s Supreme Court challenging President Bola Tinubu’s authority to suspend the government of Rivers State and declare a state of emergency.
The suit, filed on March 18, contests the legal grounds for the suspension of Rivers State’s elected officials, including Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the state’s House of Assembly.
The suspension, which is set to last for six months, was followed by the appointment of Vice Admiral Ibok Ete Ibas (retd.) as the sole administrator to manage the state’s affairs.
The case, registered as SC/CV/329/2025, was formally filed on Tuesday, and the filing was confirmed by the Supreme Court’s Director of Information and Public Relations, Dr. Festus Akande.
The plaintiffs in the suit include the governors of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.
These states have come together to challenge the President’s decision and its implications on the nation’s federal system. Each governor has filed the suit through their state’s Attorney General.
The core argument of the PDP governors revolves around the President’s constitutional powers.
They are questioning whether the President has the authority to unilaterally suspend elected state officials and replace them with an unelected administrator.
Moreover, they contend that such actions breach multiple sections of Nigeria’s 1999 Constitution, including Sections 1(2), 4(6), 5(2), 11(4) & (5), 90, 105, 176, 180, 188, and 305.
According to the legal action, three key legal questions are raised:
- Can the President lawfully suspend the Governor, Deputy Governor, or House of Assembly of any state and replace them with an unelected administrator under a state of emergency?
- Does such a suspension violate the constitutional provisions that protect the autonomy of state governments within Nigeria’s federal system?
- Are public threats made by federal officials regarding the President’s power to suspend elected state officials in line with constitutional principles?
In addition, the governors argue that the suspension undermines the concept of federalism and state autonomy.
Furthermore, the plaintiffs seek a ruling on whether the threats made by federal officials regarding the suspension of elected officials are consistent with the country’s constitutional framework.
Meanwhile, the federal government, along with other respondents, has 14 days to file their appearance in response to the legal challenge.
This lawsuit follows weeks of speculation regarding the PDP governors’ next steps.
Initially, seven PDP states Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara had been reported to be planning the legal challenge.
However, there had been delays in the filing, and court and Ministry of Justice officials noted that the legal documents had not been served at that time.
Therefore, the move by the PDP governors to unite in this legal battle is seen as an effort to push back against what they view as an overreach by the President, hoping that the combined strength of their case will help challenge and potentially reverse the suspension of elected officials in Rivers State.
The outcome of this legal challenge is crucial, as it has the potential to set a precedent for future actions involving the suspension of elected state officials.
The governors are hopeful that their actions will lead to a reconsideration of the steps taken by the President, and ultimately, to a favorable ruling that upholds the rights of state governments within Nigeria’s federal system.
