Eleven governors elected on the platform of the Peoples Democratic Party (PDP) have filed a lawsuit at the Supreme Court, challenging the powers of President Bola Tinubu to suspend the elected Governor of Rivers State, Siminalayi Fubara, or declare a state of emergency in the state.
The suit, filed on Tuesday through the Attorneys-General of their respective states, marks a significant constitutional face-off between the federal and state governments over the limits of presidential powers in Nigeria’s democratic structure.
The governors who are plaintiffs in the case are from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.
The suit is grounded on eight points of law and constitutional interpretation. At the heart of the case is the governors’ request for the Supreme Court to determine whether President Tinubu can, under any circumstance, lawfully suspend a democratically elected governor or state legislature, and replace them with unelected appointees under the guise of a state of emergency.
Specifically, the plaintiffs are asking the court to interpret key sections of the 1999 Constitution, including Sections 1(2), 5(2), 176, 180, 188, 305, 4(6), 11(4 & 5), 90, and 105. They want the court to clarify if the president has the constitutional authority to interfere with the operations of duly elected state officials and assemblies in the 36 federating states.
One of the major prayers before the court is a ruling on
“Whether the President of the Federal Republic of Nigeria can lawfully suspend or interfere with the offices of a Governor and Deputy Governor of any of the 36 States and replace them with his own unelected nominee under the guise of a State of Emergency.”
The governors also want the court to determine:
“Whether the President can lawfully suspend a State House of Assembly by virtue of a proclamation of a State of Emergency.”
The suit highlights growing tensions over the political crisis in Rivers State, where speculation has swirled in recent weeks about a possible federal takeover or emergency rule following intra-party disputes and factional conflicts.
The plaintiffs argue that any such move would be unconstitutional and inconsistent with Nigeria’s federal system, which guarantees the autonomy of states and democratically elected offices.
Additionally, the governors raised concerns over what they described as threats from agents of the federal government, warning that the president’s claimed powers to remove governors or suspend state assemblies directly contradict Nigeria’s constitutional democracy.
The suit lists the federal government as the first respondent, and by law, the respondents have 14 days from the date of service to file their appearance and response.
This case could have wide-reaching implications for federalism in Nigeria and the interpretation of emergency powers by the executive branch in a constitutional democracy. All eyes are now on the Supreme Court as it prepares to weigh in on a case that touches the very foundation of Nigeria’s political structure
