PDP Governors Drag Tinubu to Supreme Court Over Rivers Emergency Rule

Challenge Tinubu’s Suspension of Governor, Deputy, and Lawmakers as Unconstitutional

Governors elected on the platform of the Peoples Democratic Party (PDP) are gearing up for a legal battle against the federal government over the recent declaration of a state of emergency in Rivers State. According to TheCable, the governors have directed their legal teams to challenge the move at the Supreme Court, arguing that President Bola Tinubu’s decision to suspend the state’s elected officials is unconstitutional.

The lawsuit, expected to be filed this week, lists the National Assembly as a co-defendant. Tinubu had, on March 18, declared a state of emergency in Rivers, citing prolonged political instability and the vandalism of oil infrastructure. As part of the proclamation, he suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all members of the state House of Assembly for six months. The president also appointed retired Vice Admiral Ibok-Ete Ibas as the state’s sole administrator.

The National Assembly controversially endorsed the emergency declaration on Thursday, a move that has sparked heated debates over its legality.

During a virtual meeting on Wednesday, PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara resolved to challenge the decision in court. However, Governor Fubara himself is unable to join the suit due to a prior Supreme Court ruling requiring him to seek approval from the current Rivers State administration—now under an administrator appointed by the president.

The governors argue that, under Sections 1(2), 5(2), and 305 of the 1999 Constitution, the president lacks the authority to suspend an elected governor, deputy governor, or state legislature, even under a state of emergency. They describe the suspension as illegal, unconstitutional, and a violation of Nigeria’s democratic principles.

Additionally, they contend that the National Assembly’s approval process did not meet constitutional requirements, as the emergency declaration was endorsed through a voice vote rather than the mandated two-thirds majority of all lawmakers.

In their suit, the governors seek a Supreme Court ruling to:Nullify the state of emergency proclamation. Reinstate the suspended governor, deputy governor, and lawmakers, Declare the appointment of a sole administrator unconstitutional,Prevent any future suspension of opposition party governors or interference in their mandates.

While it remains unclear whether the PDP governors have the legal standing to challenge the decision—since they are not directly affected—their sources say the lawsuit is intended to set a precedent for the protection of democracy in Nigeria.