Governors of the Peoples Democratic Party (PDP) have approached the Supreme Court to challenge President Bola Tinubu’s declaration of a state of emergency in Rivers State, calling it unconstitutional.
On March 18, Tinubu invoked Section 305(5) of the 1999 Constitution to impose emergency rule, suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the state House of Assembly members for six months. He appointed Retired Vice-Admiral Ibok-Ete Ibas as sole administrator to oversee the state.
The PDP governors—from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara—argue that the president lacks the authority to remove an elected governor or deputy. They also contend that installing a sole administrator breaches constitutional provisions.
In their suit, the governors seek a judicial declaration that Tinubu’s actions violate Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended). They assert that the president has “no powers whatsoever to suspend a democratically elected governor and deputy governor under the guise of an emergency proclamation.”
Additionally, they challenge the National Assembly’s approval of the emergency rule, arguing that a voice vote was insufficient—the constitution requires a two-thirds majority in both legislative chambers.
The plaintiffs further claim the emergency declaration failed to meet constitutional conditions under Section 305, stating it was made for reasons outside the provision’s scope.
Their demands include:
- Nullifying Ibas’s appointment as unlawful.
- Restraining the president from suspending other governors or interfering in their constitutional duties.
The case escalates the political crisis in Rivers State, testing the limits of federal emergency powers under Nigeria’s democracy.