By Safiyat Muhammed, Abuja
In a bold legal move, eleven governors of the Peoples Democratic Party (PDP) have filed a suit at the Supreme Court to challenge any presidential move to suspend the democratically elected Governor of Rivers State, Siminalayi Fubara, or declare a state of emergency in the state.
The suit, lodged at the apex court on Tuesday, is aimed at preempting what the PDP governors describe as a constitutional overreach and an assault on Nigeria’s federal structure.
The plaintiffs in the case are the governments of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States—all represented by their respective state Attorneys General.
Eight Grounds of Legal Challenge
The governors are asking the Supreme Court to determine, among other things, whether the President of Nigeria has the constitutional authority to unilaterally suspend elected governors or state Houses of Assembly and install unelected Sole Administrators under the guise of emergency rule.
They argue that such actions, including the alleged pronouncement of emergency rule in Rivers State, are unconstitutional and violate the principles of federalism as enshrined in the 1999 Constitution (as amended).
The legal questions raised include:
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Whether the president can lawfully suspend elected officials of a state, such as the governor or deputy governor, and replace them with his own nominee.
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Whether the suspension of a state legislature under emergency rule is permissible within the constitutional framework.
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Whether the threat by the Federal Government to intervene in the governance of any state by declaring emergency rule is consistent with the constitutional limits of executive power.
Respondents and Next Steps
The defendants—presumed to be the Federal Government and relevant agencies—have been given 14 days from the date of service to enter their appearance before the court.
The legal confrontation comes amid escalating political tensions in Rivers State, where a fierce power struggle continues between Governor Siminalayi Fubara and loyalists of former Governor Nyesom Wike, who now serves as the Minister of the Federal Capital Territory (FCT).
Legal and political observers say the case could set a landmark precedent on the limits of presidential power in Nigeria’s democratic setup.
