PDP Governors Challenge Tinubu’s Emergency Rule in Rivers

11 PDP Governors Challenge Tinubu’s Emergency Rule in Rivers State

ABUJA — In a significant legal move, 11 governors from the Peoples Democratic Party (PDP) have approached the Supreme Court to challenge President Bola Tinubu’s declaration of a state of emergency in Rivers State and the subsequent suspension of Governor Siminalayi Fubara. The governors argue that Tinubu exceeded his constitutional authority by suspending a democratically elected governor and appointing a sole administrator without following due process.

Background of the Emergency Rule

1. Declaration of Emergency:
   • On March 18, 2025, President Tinubu declared a state of emergency in Rivers State, citing a protracted political crisis and vandalism of oil facilities. This move led to the suspension of Governor Fubara, his deputy, and all members of the state’s House of Assembly for an initial period of six months.
2. Appointment of Sole Administrator:
   • Vice Admiral Ibok Ete Ibas (retd.) was appointed as the sole administrator to oversee the affairs of Rivers State during the emergency period.

PDP Governors’ Suit

1. Legal Grounds:
   • The PDP governors contend that Tinubu’s proclamation failed to meet stipulated conditions and procedures for declaring a state of emergency. They argue that the National Assembly’s approval via a voice vote was unconstitutional, as it did not achieve the required two-thirds majority.
2. Constitutional Questions:
   • The governors raised eight legal questions before the Supreme Court, primarily seeking clarity on whether the President has any constitutional right to suspend an elected governor and appoint a sole administrator under the pretext of declaring a state of emergency.

Plaintiffs and Defendants

1. Plaintiffs:
   • The plaintiffs in the suit are the governments of Adamawa, Akwa Ibom, Bayelsa, Bauchi, Delta, Enugu, Osun, Oyo, Plateau, Taraba, and Zamfara states.
2. Defendants:
   • The defendants include President Bola Tinubu and the National Assembly.

Reactions from Stakeholders

1. Bayelsa Governor’s Call for Reversal:
   • Bayelsa State Governor Duoye Diri, who chairs the South-South Governors’ Forum, urged the federal government to reverse the emergency rule and reinstate Governor Fubara.
2. Northern Elders Forum’s Criticism:
   • The Northern Elders Forum (NEF) criticized President Tinubu’s decision, calling for an immediate review of the emergency rule in Rivers State.

Implications for Democracy

1. Checks and Balances:
   • The legal challenge highlights the importance of checks and balances in Nigeria’s democratic system, as the judiciary is called upon to interpret the limits of executive power.
2. Federalism and State Autonomy:
   • The controversy underscores debates about federalism and state autonomy, with implications for how power is distributed between the federal government and states.

Conclusion

The Supreme Court challenge by the 11 PDP governors marks a significant moment in Nigeria’s political landscape, as it tests the constitutional boundaries of presidential authority and the protection of democratic governance at the state level. The outcome of this case will have far-reaching implications for the balance of power in Nigeria.