Emergency Rule In Rivers: Supreme Court Hears Case
The Supreme Court is set to schedule a hearing date for the lawsuit initiated by 11 governors of the Peoples Democratic Party (PDP), which contests the declaration of a state of emergency in Rivers State, following the court’s Easter recess,
Dr. Festus Akande, the Director of Information and Public Relations at the Supreme Court, stated that the PDP matter will be addressed once the court reconvenes. “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 remarked.
The case, registered as SC/CV/329/2025, questions the constitutional authority of President Bola Tinubu to suspend a democratically elected government in any state. The governors are also disputing the President’s decision to appoint a Sole Administrator to manage Rivers State.
On March 18, President Tinubu declared a state of emergency in Rivers State, suspending Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial duration of six months.
He subsequently appointed retired Vice Admiral Ibok-Ete Ibas as Sole Administrator to oversee the state’s affairs during this suspension.
In reaction, the governors from 11 PDP-led states—Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa—filed a lawsuit against the Attorney General of the Federation and the National Assembly, identified as the first and second defendants, respectively.
The plaintiffs are petitioning the Supreme Court to ascertain whether, under Sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Constitution, the President has the legal authority to suspend or interfere with the offices of a governor and deputy governor, and to replace them with an unelected nominee under the pretext of a state of emergency.
They also seek the court’s determination on whether, under Sections 1(2), 4(6), 11(4) and (5), 90, 105, and 305, the President can lawfully suspend a state House of Assembly in similar circumstances. Furthermore, the lawsuit raises concerns regarding the President’s alleged threats—communicated through the Attorney General—to suspend elected governors and their deputies, contending that such actions could infringe upon constitutional provisions and undermine the principles of federalism.