PDP States Challenge Tinubu’s Emergency Rule in Rivers at Supreme Court
ABUJA Seven states controlled by the Peoples Democratic Party (PDP) have filed a lawsuit at the Supreme Court, challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State, which they claim is unconstitutional.
The PDP governors of Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara, through their respective Attorneys-General, are urging the Supreme Court to rule that Tinubu has no legal authority to suspend a democratically elected governor, deputy governor, or state House of Assembly under the provisions of sections 1(2), 5(2), and 305 of the 1999 Constitution, as amended. They argue that the President’s actions in Rivers State amount to an unconstitutional overreach.
President Tinubu had on March 18 declared a state of emergency in Rivers State, suspending Governor Siminalayi Fubara, his deputy, Ngozi Odu, and the Rivers State House of Assembly for six months. He appointed Vice Admiral Ibok-Ete Ibas as Sole Administrator to oversee the state’s affairs during the period, a move that was endorsed by the National Assembly.
The PDP-led states contend that the President does not have the constitutional power to suspend a sitting governor or appoint a Sole Administrator in his place. They argue that Tinubu’s proclamation of a state of emergency did not meet the constitutional conditions set by Section 305 and that the National Assembly’s approval via a voice vote was invalid, as the Constitution requires a two-thirds majority for such a decision.
In their suit, they are seeking a Supreme Court order to nullify the state of emergency and the appointment of a Sole Administrator. They also want the court to restrain the federal government from enforcing the suspension of the Rivers State officials and from interfering in the governance of opposition-led states. Furthermore, they are asking the court to prevent any future attempt by the President to suspend governors, particularly those from opposition parties, arguing that such actions undermine constitutional democracy.
The case marks a major constitutional battle over the limits of presidential power and the autonomy of state governments within Nigeria’s federal system
