Governors from states controlled by the Peoples Democratic Party (PDP) have moved to the Supreme Court to challenge the six-month suspension of Rivers State Governor, Siminalayi Fubara, following a state of emergency declaration by President Bola Tinubu.
The controversial suspension, which also affected Fubara’s deputy, Ngozi Odu, and the Rivers State House of Assembly, came after Tinubu announced the emergency on March 18, 2025, and appointed a sole administrator to oversee the state.
In support of the president’s action, the National Assembly endorsed the suspension, but the PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states have expressed strong opposition. These governors are questioning the legality of the president’s decision, arguing that it exceeds his constitutional authority.
The PDP-led governors, through their Attorneys-General, have filed a suit before the nation’s highest court, seeking a declaration that the President lacks the power to suspend a democratically elected governor, deputy governor, or a state legislature under the guise of a state of emergency. They specifically cited Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended) to argue their case.
The governors are also demanding that the Supreme Court declare the suspension of Governor Fubara, his deputy, and members of the Rivers State Assembly as unconstitutional and in direct violation of the 1999 Constitution.
According to the governors, the President has no legal grounds to impose such a suspension and replace the governor with a sole administrator, as he has done in this case.
The governors further criticized the National Assembly’s method of approving the state of emergency, which they argue was done through an invalid voice vote instead of the constitutionally required two-thirds majority vote in each legislative chamber.
They contend that the state of emergency declaration did not meet the constitutional criteria set out in Section 305 of the Constitution, particularly in terms of the reasons and procedures for its proclamation.
In their legal action, the governors are calling on the Supreme Court to grant several critical reliefs, including:
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Nullification of the state of emergency proclamation in Rivers State, which they claim was wrongly approved by the National Assembly.
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An order restraining the President and his agents from implementing the suspension of Governor Fubara and his deputy.
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A decree to prevent the President from interfering with the constitutional and statutory duties of the Governor and Deputy Governor of Rivers State, as well as their elected mandate.
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A ruling to stop any future attempts by the President to suspend any other democratically elected state governors, particularly those from the plaintiffs’ states, or from meddling with their constitutional duties.
This legal challenge has thrown a spotlight on the delicate balance of power between the executive, legislative, and state governments in Nigeria, with the PDP governors seeking to protect the sanctity of state governance and the independence of elected officials. As the case moves to the Supreme Court, it promises to set a major precedent for the country’s constitutional and electoral processes.
