A coalition of seven Governors from the Peoples Democratic Party (PDP) has filed a lawsuit at the Supreme Court of Nigeria, contesting the six-month suspension of Rivers State Governor, Siminalayi Fubara.
The governors—representing Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara States—are challenging the constitutional validity of President Bola Tinubu’s decision to suspend a sitting governor and appoint a Sole Administrator in his place.
In the legal action, the plaintiffs—acting through their Attorneys-General—argue that the President has no legal or constitutional authority to suspend an elected governor, deputy governor, or state legislature under the pretext of a state of emergency. They cite Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended) to reinforce their stance.
Furthermore, the governors assert that the dissolution of the Rivers State House of Assembly is unconstitutional, emphasizing that Sections 192 (4), 192 (6), and 305 of the Constitution do not grant the President such powers.
The PDP governors are urging the apex court to:
Declare the suspension of Governor Fubara, his deputy, and the state’s legislators as unconstitutional, unlawful, and void.
Nullify the appointment of a Sole Administrator to oversee the affairs of Rivers State.
Invalidate the National Assembly’s approval of the emergency declaration, arguing that a proper two-thirds majority vote was not obtained.
Issue an order preventing the President or any federal entity from enforcing the unlawful suspension of Rivers State’s elected leaders.
Restrict the federal government from interfering in the governance of Rivers State or any other state in the federation.
The litigants maintain that the state of emergency declared by President Tinubu on March 18 failed to meet the constitutional conditions and due process outlined in Section 305 of the 1999 Constitution. They argue that the decision was driven by political motives rather than genuine security concerns that warrant such an extreme measure.
Additionally, they contest the voice vote method used by the National Assembly to validate the President’s decision, insisting that the Constitution mandates a formal two-thirds majority vote for such an action.
The legal challenge underscores a significant constitutional battle over executive overreach, federal authority, and the autonomy of state governments within Nigeria’s democratic framework.
