Governors under the Peoples Democratic Party (PDP) have instructed their legal teams to challenge the federal government’s declaration of emergency rule in Rivers State at the Supreme Court.
The lawsuit, set to be filed this week, names the National Assembly as the second defendant.
On March 18, President Bola Tinubu declared a state of emergency in the oil-rich South-South state, citing prolonged political instability and attacks on critical infrastructure. As part of the emergency measures, the president suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the Rivers State House of Assembly for six months. He also appointed retired Vice Admiral Ibok-Ete Ibas as the state’s sole administrator.
Despite controversy, the Senate and House of Representatives approved the emergency rule on Thursday.
PDP governors take legal action
At a virtual meeting on Wednesday, PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara resolved to challenge the emergency rule in court.
Due to a previous Supreme Court ruling, Fubara cannot personally join the lawsuit, as doing so would require authorization from the current administration in Rivers—an impossibility given that the sole administrator reports directly to the president.
The governors argue that Tinubu’s actions violate constitutional provisions, particularly Sections 1(2), 5(2), and 305 of the 1999 Constitution. Their suit seeks a court declaration affirming that the president lacks the power to suspend a democratically elected governor, deputy governor, or state legislature under the guise of an emergency proclamation.
They are also challenging the appointment of Ibas as sole administrator, arguing that the president has no constitutional authority to unilaterally replace an elected state government. The governors further contend that the National Assembly’s approval of the emergency rule via a voice vote is unconstitutional, asserting that Section 305 requires a two-thirds majority from all members of each legislative chamber.
Reliefs sought
The PDP governors are asking the Supreme Court to:
Declare the suspension of the Rivers State governor, deputy governor, and state assembly members unconstitutional and void.
Nullify the appointment of Ibas as sole administrator.
Rescind the emergency proclamation and prevent its implementation.
Restrain the federal government from interfering in the constitutional duties of Rivers State’s elected officials.
Prevent the president from attempting similar actions in any other state, particularly those governed by opposition parties.
It remains uncertain whether the governors have the legal standing to challenge the emergency rule, as none of them are directly affected. However, insiders say they are determined to test the law for “the sake of posterity.”
