No fewer than 11 governors of the Peoples Democratic Party (PDP) have approached the Supreme Court challenging what powers President Bola Tinubu has to suspend a democratically elected structure of a state.
The suit filed by the PDP governors also challenges the declaration of a state of emergency rule in Rivers State.
While the media previously reported that the petition had been filed before the Supreme Court, the PDP governor’s suit was only filed before the apex court on Tuesday.
This was confirmed to Chronicle NG by the Director of Information and Public Relations of the Supreme Court, Dr Festus Akande.
Tinubu had on March 18 declared a state of emergency in Rivers State and suspended Governor Siminalayi Fubara, the state deputy governor, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial period of six months.
Following the suspension, Tinubu named Vice Admiral Ibok Ete Ibas (retd.) as the sole administrator to oversee the affairs of Rivers State pending the period of the suspension.
Meanwhile, the legislature at the National Assembly, on their part, supported the president’s decision to implement the state of emergency.
Aggrieved by the suspension meted out to one of its fellow party governors, 11 PDP state governors headed to the Supreme Court to challenge the suspension, the declaration of emergency rule in Rivers State and the appointment of the sole administrator before the apex court in the country.
The PDP governors, in the suit marked SC/CV/329/2025, predicated the summons on eight grounds.
The plaintiffs in the suit are Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.
The PDP governors prayed the Supreme Court to determine if the president had the powers to suspend a democratically elected structure of a state.
They also urged the apex court to determine if the way and manner the president pronounced the state of emergency declaration in Rivers State was not in contravention of the 1999 Constitution.
Amongst others, all 11 governors in the suit, filed through their state Attorney Generals, urged the court to determine the following, “Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend or in any manner whatsoever interfere with the offices of a Governor and the Deputy Governor of any of the component 36 States of the Federation of Nigeria and replace same with his own unelected nominee as a Sole Administrator, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of the State of the Federation, particularly in any of the Plaintiffs States?
“Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 4(6), 11(4) & (5), 90, 105 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend the House of Assembly of any of the component 36 States of the Federation of Nigeria under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of such States, particularly in any of the Plaintiffs States?
“Whether the consequent threat by the first Defendant acting on behalf of the President to the States of the Federation, including the Plaintiffs’ States, to the effect that the offices of the Governor and Deputy Governor of the States can be suspended by the President by virtue of a Proclamation of a State of Emergency, is not in contravention of the provisions of Sections 1(2), 4(6), 5(2), 11(2) and (3) of the Constitution of the Federal Republic of Nigeria 1999 and inconsistent with the principles of constitutional federalism?
Meanwhile, the respondents in the suit must file an appearance within 14 days after receiving the summons, including the date of service.
The suit filed by the opposition governors puts an end to weeks of suspense about what action they would take after rumours that they had previously petitioned the Supreme Court to contest the President’s move.
Prior to Tuesday, seven PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states reportedly resolved to oppose the president’s action by filing a Supreme Court complaint.
However, various Supreme Court and Ministry of Justice sources told The PUNCH that they were yet to be served with the court papers, citing our correspondent’s findings.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), was not served with the PDP governors’ suit challenging Fubara’s suspension, according to a state counsel at the Ministry of Justice in Abuja.
Another state counsel in the Federal Ministry of Justice confirmed that the suit had been filed at the Supreme Court on March 31, a week later.
The official, who works with the Attorney General of the Federation, spoke on condition of anonymity because he was not authorised to speak to the media.
He said, “Here at the Ministry of Justice, we have yet to be served with the governors’ suit that they said they filed before the Supreme Court to challenge Fubara’s suspension. Immediately after we heard about the suit, we prepared our response.
“We have our response ready because for three days we started reading books to prepare, but we have yet to be served. We are still waiting.”
