Eleven governors elected under the Peoples Democratic Party (PDP) have filed a suit at the Supreme Court, challenging the constitutional powers of President Bola Tinubu to suspend the democratically elected Governor of Rivers State, Siminalayi Fubara, or impose emergency rule in the state.
The suit, officially lodged on Tuesday by the attorneys general of the respective states, seeks judicial clarification on whether the president has the authority to interfere with the democratic structure of a state government under the guise of a state of emergency.
The plaintiffs in the suit are the governments of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States.
The governors raised eight constitutional issues for determination, focusing on the legality and limits of executive power, especially as it relates to the potential suspension of a sitting governor, his deputy, and the state legislature. They argued that such actions, if allowed, would erode constitutional democracy and the federal character enshrined in Nigeria’s 1999 Constitution.
In their originating summons, the plaintiffs asked the apex court to determine:
Whether the president can suspend or interfere with the offices of a duly elected governor and deputy governor, and replace them with an unelected sole administrator under a state of emergency.
Whether the president has the power to suspend the House of Assembly of any of the 36 states through an emergency proclamation.
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Whether the threat, real or implied, by the president to suspend democratic governance in states—including the plaintiff states—is consistent with constitutional provisions and the principles of federalism.
The governors insisted that such actions would violate sections 1(2), 4(6), 5(2), 11, 176, 180, 188, 305 and others in the 1999 Constitution, which protect democratic institutions and underscore the autonomy of states within a federal system.
The suit further contended that the president’s recent pronouncements regarding a possible state of emergency in Rivers State amount to executive overreach and should be checked by the judiciary to prevent the erosion of democratic governance.
The Attorney General of the Federation and Minister of Justice, who is named as the first defendant in the case, is expected to respond within 14 days of service.
The legal action comes amid heightened political tension in Rivers State, where a protracted power tussle between Governor Fubara and elements loyal to his predecessor, now Federal Capital Territory Minister, Nyesom Wike, has drawn national attention and sparked fears of federal interference.
This move by the PDP governors is widely seen as a test of constitutional limits and could set a precedent for the interpretation of presidential powers during political crises in Nigerian states.