Governors Question President’s Power to Suspend Elected State Officials
In a major legal pushback, eleven governors under the Peoples Democratic Party (PDP) have taken President Bola Ahmed Tinubu to the Supreme Court, challenging the legality of his declaration of a state of emergency in Rivers State.
The suit, filed on Tuesday and confirmed by Dr. Festus Akande, the Director of Information at the Supreme Court, seeks to clarify whether the President has the constitutional authority to suspend an elected governor and other democratic structures in any Nigerian state.
President Tinubu, on March 18, had announced a six-month emergency rule in Rivers State. Along with that declaration, he suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members of the Rivers State House of Assembly. In their place, retired Vice Admiral Ibok Ete Ibas was appointed as sole administrator to oversee the state’s affairs.
The move triggered national debate and deepened political tensions. The National Assembly, for its part, backed Tinubu’s decision.
However, the PDP governors were not convinced. Led by states including Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa, the group of eleven approached the apex court under suit number SC/CV/329/2025.
Filed through their respective state Attorneys General, the governors asked the court to interpret key sections of the 1999 Constitution. Among the questions raised: Can the President legally suspend a sitting governor or House of Assembly and replace them with his own nominee under the guise of an emergency rule?
Grounds for the Legal Challenge
The suit is based on eight legal grounds, referencing several constitutional sections, including Sections 1(2), 5(2), 176, 180, 188, and 305. The governors argue that Tinubu’s action contravenes the principle of constitutional federalism and undermines democracy.
They also expressed concern over what they described as threats from the Presidency that similar actions could be taken in other states, warning that such a precedent could lead to the erosion of democratic governance across the federation.
In their words, the question now before the Supreme Court is simple yet powerful:
“Can the President lawfully suspend or interfere with the offices of a Governor and Deputy Governor of any of the 36 states, replacing them with his own unelected appointee under the guise of a state of emergency?”
Delay in Serving Court Papers
While the suit was reportedly filed earlier, there were delays in serving the Federal Government with the official court papers. Sources within the Federal Ministry of Justice told The Punch that they were aware of the lawsuit but had not been formally served as of late March.
A senior official in the ministry, speaking anonymously, stated that they had already prepared a response and were simply waiting for the formal service of the documents.
“We’ve been expecting it. Our legal team has been studying the relevant laws and is ready,” the official added.
Calls for Reconciliation
Amid the political and legal storm, Bayelsa State Governor and South-South Governors’ Forum Chairman, Duoye Diri, previously urged the Federal Government to reverse the emergency declaration in Rivers. He called for Governor Fubara’s reinstatement and the setting up of a reconciliation panel between him and the lawmakers.
This lawsuit by the eleven governors finally ends weeks of speculation over what the PDP would do in response to the unfolding crisis in Rivers State.
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