The Supreme Court has reserved judgment in the suit filed by several Peoples Democratic Party (PDP) governors challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State and the suspension of Governor Siminalayi Fubara.
A seven-member panel of justices, led by Justice Inyang Okoro, reserved the judgment on Tuesday after the parties in the case adopted their final written addresses.
The case, marked SC/CV/329/2025, was filed by PDP governors from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Taraba, Zamfara, Bayelsa, and Delta states.
The Federal Government and the National Assembly are listed as defendants.
The suit stemmed from President Tinubu’s declaration of a state of emergency in Rivers State on March 18, following escalating political tensions and the vandalisation of oil installations in the region.
The President also suspended Governor Fubara, his deputy, Ngozi Odu, and all members of the state house of assembly for six months, appointing retired Vice Admiral Ibok-Ete Ibas as sole administrator.
Both the Senate and the House of Representatives subsequently approved the President’s emergency declaration.
The governors, however, are contesting the legality of Tinubu’s actions, arguing that the 1999 Constitution does not empower the president to suspend an elected governor, deputy governor, or members of a state assembly, nor to replace them with a sole administrator.
During Tuesday’s session, Delta State withdrew from the case, a move that was not opposed by Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN).
Eyitayo Jegede (SAN), counsel to the remaining plaintiffs, clarified that the suit was not aimed at questioning the President’s authority to declare a state of emergency but rather to define the extent of such powers.
“The issue before this court is not whether the president can declare a state of emergency but whether such declaration can lawfully suspend elected officials from office,” Jegede told the court.
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In response, the AGF defended the President’s decision, maintaining that the intervention was necessary to prevent a total collapse of governance in the state.
“Rivers was in deep political crisis,” Fagbemi argued. “The president had to act fast to restore peace and protect democracy. What he did was a suspension, not a removal, of the affected officials — an extraordinary measure for an extraordinary situation.”
Counsel to the National Assembly, Charles Yohila, aligned with the AGF’s argument and urged the court to dismiss the case in its entirety.
After listening to submissions from all parties, the Supreme Court reserved its judgment, promising to communicate the date of delivery to the parties involved.
The outcome of the case is expected to set a significant precedent on the limits of presidential powers during a state of emergency and the constitutional protection of elected officials.