Supreme Court to hear PDP Governors’ suit against Rivers emergency after Easter recess

The Supreme Court will hear the lawsuit filed by 11 Peoples Democratic Party (PDP) governors challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State after the Easter vacation.

The Supreme Court’s Director of Information and Public Relations, Dr. Festus Akande, confirmed the development to journalists on Sunday.

He said the matter is on hold until the justices reconvene at the end of April.

“You know the court is on vacation now, but when the Justices return at the end of the month, a hearing date will be fixed for the matter,” Akande stated.Read more

The suit, filed under case number SC/CV/329/2025, is one of the most consequential constitutional challenges to emerge under President Tinubu’s administration. At its core is a fundamental question: does the President have the authority to unilaterally suspend a democratically elected state government?

On March 18, President Tinubu declared a state of emergency in Rivers State, suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the entire state House of Assembly for six months.

In their place, the President appointed retired Vice Admiral Ibok-Ete Ibas as Sole Administrator—a move that triggered widespread public outcry and legal debate.

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In response, 11 PDP governors, including Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa, filed a legal challenge at the Supreme Court.

Their suit names the Attorney General of the Federation and the National Assembly as first and second defendants, respectively.

In their joint action, the governors are urging the apex court to interpret several key constitutional provisions, including Sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Constitution, as amended. They argue that these sections do not empower the President to remove duly elected officials or appoint unelected administrators in their place, even under emergency conditions.

The plaintiffs also seek clarity on whether the suspension of a state legislature by executive fiat is lawful under Sections 1(2), 4(6), 11(4) and (5), 90, 105, and 305.

Beyond the case’s legal implications, the suit reveals broader tensions within Nigeria’s federal structure and the separation of powers between the executive and sub-national governments. The governors warn that the President’s actions in Rivers State set a dangerous precedent and may erode democratic norms if left unchecked.

The filing further claims that similar threats, reportedly communicated through the Attorney General, have been directed at other states, raising fears that the Rivers State intervention could become a template for federal overreach.

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