11 governors from the People’s Democratic Party (PDP) have filed a lawsuit with the Supreme Court, challenging President Bora Tinub’s power to suspend the democratically elected government and declare a state of emergency in Rivers State.
The governor is in the process of legitimacy with the president’s emergency rule on March 18, which led to the first six months of Rivers Governor Siminalayi Fubara, Lt. Governor Ngozi ODU and the State Capitol.
Subsequently, Deputy Admiral Ibok Ete Ibas was appointed sole administrator to oversee state affairs during the moratorium.
The lawsuit, tagged SC/CV/329/2025, was formally filed on Tuesday, as confirmed by Dr. Festus Akande, Director of Information and Public Relations, the Supreme Court.
Plaintiffs include the states of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Akwa Ibom, Plateau, Delta, Delta, Taraba, Zamfara and Bayelsa. Each governor filed a lawsuit through his respective state attorney general.
The governor asked the Supreme Court to determine whether the president has the constitutional power to unilaterally suspend elected officials and replace them under the guise of a state of emergency.
They also believe that the methods and methods of emergency declarations violate several parts of the 1999 Constitution, especially Sections 1 (2), 4 (6), 5 (6), 5 (2), 11 (4) & (5), 90, 105, 176, 180, 188 and 305.
The lawsuit raises three core legal issues:
1. Whether the president can legally suspend the governor, lieutenant governor, or any state’s House of Representatives and replace them with unelected administrators in a state of emergency.
2. Whether this moratorium violates the constitutional provisions of the protection of state government autonomy under the Nigerian federal structure.
3. Whether the public threat from federal officials implies that the president can suspend elected state officials in aligned with constitutional principles and federalism.
Respondents, including the federal government, are expected to enter their appearance within 14 days of the subpoena.
The legal action is a few weeks of speculation about the next steps of the PDP governor. Initially, there were seven PDP countries (Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau and Zamfara) reportedly planned the lawsuit. But court and Justice Department officials have previously said they have not obtained legal documents.
