Eleven governors elected on the platform of the Peoples Democratic Party (PDP) have taken President Bola Tinubu to the Supreme Court, challenging his authority to suspend a democratically elected government in any state of the federation.
The suit, filed under case number SC/CV/329/2025, was confirmed by the Director of Information and Public Relations at the Supreme Court, Dr. Festus Akande. The governors are contesting the legality of the President’s declaration of a state of emergency in Rivers State and the subsequent suspension of Governor Siminalayi Fubara, his deputy, and members of the state House of Assembly.
The plaintiffs in the case include the governments of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.
In the suit, the governors have asked the apex court to determine whether the President has the constitutional powers to unilaterally suspend elected state officials and replace them with an unelected sole administrator under the guise of an emergency proclamation.
One of the key questions posed in the suit is:
“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… can lawfully suspend or in any manner interfere with the offices of a Governor and Deputy Governor of any of the 36 component states of the Federation, and replace them with his own unelected nominee as a Sole Administrator under the guise of, or pursuant to, a Proclamation of a State of Emergency.”
They also asked the court to rule on whether any such action by the President, including threats to suspend other governors and their deputies through emergency declarations, violates constitutional provisions and undermines the principles of federalism.
The governors contended that Tinubu’s actions contravene Sections 1(2), 4(6), 5(2), and 11(2) & (3) of the 1999 Constitution, which emphasize the autonomy of state governments and the limits of federal interference.
Recall that in March 2025, President Tinubu declared a state of emergency in Rivers State, citing political instability. He also suspended Governor Fubara, his deputy, and members of the state legislature—an unprecedented move that has since drawn widespread condemnation and sparked a constitutional debate across the country.
