THE Supreme Court would hear the suit filed by 11 state governors elected under the platform of the Peoples Democratic Party (PDP) challenging the declaration of a state of emergency in Rivers State by President Bola Tinubu after its Easter vacation.
The Punch reported the Director of Information and Public Relations at the Supreme Court, Festus Akande, as saying the matter would be heard when the court resumes from Easter break, adding: “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.”
The suit, marked SC/CV/329/2025, questions the constitutional authority of the President to suspend a democratically elected government in any state and appointment of a Sole Administrator to run the affairs of the state.
Recall that on March 18, Tinubu declared a state of emergency in Rivers State and suspended Governor Siminalayi Fubara; his Deputy, Mrs. Ngozi Odu, and all members of the House of Assembly for an initial six months period and appointed Vice Admiral Ibok-Ete Ibas (rtd) as Sole Administrator.
However, the governors of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara and Bayelsa filed a suit against the Attorney General of the Federation (AGF) and the National Assembly as the first and second defendants, respectively.
They are asking the apex court to determine 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 replace them with an unelected nominee under the guise of a state of emergency.
In addition, the plaintiffs want the court to decide 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, among others.
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