Governors elected under the Peoples Democratic Party (PDP) have taken a decisive step to challenge President Bola Tinubu’s state of emergency declaration in Rivers State.
Multiple sources confirmed that PDP governors have instructed their legal teams to file a suit at the Supreme Court against the President, with the National Assembly named as a co-defendant.
The lawsuit, expected to be filed this week, seeks to nullify the suspension of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the state assembly.
The PDP governors argue that the President overstepped his constitutional powers by appointing retired Vice-Admiral Ibok-Ete Ibas as the state’s sole administrator.
Speaking on the matter, an insider from the PDP Governors’ Forum stated:
“This lawsuit is about protecting democracy and ensuring that constitutional provisions are upheld. The President does not have the legal authority to remove an elected governor under the guise of an emergency rule.”
Supreme Court battle looms
The suit is being spearheaded by PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states. However, Governor Fubara himself is unable to join as a plaintiff due to legal constraints.
Under Nigerian law, a sitting governor would need authorization from the current Rivers State administration—led by the President’s appointee—to participate in such litigation.
The legal action challenges the constitutional basis of Tinubu’s directive, citing Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
The plaintiffs are seeking judicial confirmation that the President lacks the power to suspend an elected governor or dissolve a state’s legislative arm.
One of the legal representatives involved in drafting the suit remarked:
“We believe this case will set a precedent. The Constitution is clear—emergency rule does not mean the President can sideline elected leaders at will.”