Eleven governors from the Peoples Democratic Party (PDP) have taken President Bola Tinubu to the Supreme Court. They are challenging his attempt to suspend the elected Governor of Rivers State, Siminalayi Fubara. According to the governors, Tinubu’s move to declare a state of emergency and impose a sole administrator is unconstitutional.
The governors from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa argue that the president has no legal right to remove an elected governor. The suit was filed through their state Attorney Generals. They stated that the president’s emergency powers do not permit him to suspend elected officials.
They asked the court to interpret several constitutional sections to clarify if a president can lawfully interfere in a state’s affairs. One of the core questions they raised was: “Whether upon a proper construction and interpretation of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution… the President… can lawfully suspend or in any manner whatsoever interfere with the offices of a Governor and the Deputy Governor… and replace same with his own unelected nominee as a Sole Administrator…?”
PDP Governors Warn Tinubu on Overstepping Emergency Powers
The PDP governors also want the Supreme Court to decide whether the president can dissolve or suspend a State House of Assembly. They believe such actions go against the constitution and weaken democratic values. They argue that Tinubu’s approach undermines the principle of federalism and violates the spirit of the 1999 Constitution.
They cited another constitutional issue: “Whether upon a proper construction and interpretation of Sections 1(2), 4(6), 11(4) & (5), 90, 105 and 305… the President… can lawfully suspend the House of Assembly… under the guise of, or pursuant to, a Proclamation of a State of Emergency?”
Supreme Court to Rule on Tinubu’s Emergency Power Abuse
The governors emphasized that Tinubu’s actions set a dangerous precedent. They warned that allowing a president to unilaterally remove elected officials could lead to abuse of power and endanger democracy.
They said, “Whether the consequent threat by the first Defendant acting on behalf of the President… that the offices of the Governor and Deputy Governor… can be suspended… is not in contravention of the provisions of Sections 1(2), 4(6), 5(2), 11(2) and (3)… and inconsistent with the principles of constitutional federalism?”
The Supreme Court has ordered the defendants to respond within 14 days. “The respondents in the suit are to within 14 days after the service of the Summons on them… cause an appearance to be entered for them,” the court stated.
This lawsuit has sparked intense national debate on the legality of emergency declarations and the limits of executive power in Nigeria. For the PDP governors, this legal action is not just about Rivers State but about protecting democracy itself. As PDP Governors drag Tinubu to the Supreme Court for Fubara’s suspension, they are making it clear that no president is above the constitution—and that the rule of law must stand, even in the face of political power plays.
