Governors elected under the Peoples Democratic Party (PDP) have resolved to challenge President Bola Tinubu’s declaration of a state of emergency in Rivers State at the Supreme Court.
Naija News understands that the lawsuit, which is expected to be filed this week, also lists the National Assembly as a co-defendant.
On March 18, Tinubu imposed emergency rule in the oil-rich state, citing prolonged political unrest and acts of vandalism targeting critical oil infrastructure.
As part of the declaration, Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state House of Assembly were suspended for six months.
In their place, the president appointed retired Vice Admiral Ibok-Ete Ibas as the sole administrator of Rivers State.
Both the Senate and the House of Representatives gave controversial approval to Tinubu’s emergency rule request on Thursday, a move that has drawn significant criticism from the PDP and other opposition figures.
PDP Governors Challenge Tinubu’s Decision
According to TheCable, the lawsuit is being spearheaded by PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states.
However, Governor Fubara himself cannot join the suit due to a previous Supreme Court ruling that requires approval from the current Rivers State administration—an impossibility since the sole administrator reports directly to the president.
The PDP governors are asking the court to rule that Tinubu’s suspension of a democratically elected governor, deputy governor, and state legislature violates the 1999 Constitution.
They argue that under Sections 1(2), 5(2), and 305 of the Constitution, the president has no legal authority to remove elected officials under the guise of emergency rule.
The governors also contend that suspending the Rivers State House of Assembly contravenes Sections 192 (4) (6) and 305 of the Constitution.
They are urging the Supreme Court to declare the suspension of Fubara, his deputy, and lawmakers as “unconstitutional, unlawful, illegal, and in gross violation of the Constitution.”
Additionally, the suit challenges the appointment of a sole administrator for Rivers State, stating that Tinubu has no constitutional power to take such action. The plaintiffs want the Supreme Court to nullify Ibok-Ete Ibas’ appointment and prevent further executive overreach.
Questioning the Legitimacy of the Emergency Declaration
The PDP governors assert that Tinubu’s declaration of emergency rule in Rivers State failed to meet the constitutional requirements outlined in Section 305 of the 1999 Constitution.
They argue that the justification given for the proclamation does not align with the specific conditions set forth in the law.
Furthermore, the governors are contesting the National Assembly’s approval process, stating that the use of a voice vote rather than a two-thirds majority from all legislators renders the decision invalid.
The Legal Demands
The PDP governors are seeking multiple court orders, including: “An order of this honourable court nullifying the proclamation of a state of emergency in Rivers state made by the 1st defendant and wrongfully approved by the 2nd defendant.
“An order of this honourable court restraining the defendant, by himself, servants, agents and privies from implementing the unlawful suspension of the governor and deputy governor of Rivers state.
“An order of this honourable court restraining the defendant, by himself, servants, agents and privies from interfering in any manner whatsoever with the execution by the governor and deputy governor of Rivers state of their constitutional and statutory duties, as well as their electoral mandate.
“An order of this honourable court restraining the Defendant from attempting the suspension of any other governor of any state in Nigeria, particularly the plaintiffs and any governor not belonging to the ruling political party, or in any manner whatsoever attempting to interfere with or undermine their constitutional and statutory duties.”
While it remains uncertain whether the PDP governors have the legal standing to pursue the case—since none of them is directly affected by the emergency rule—sources say they are determined to push forward with the lawsuit “for the sake of posterity.”
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