By Agboola Aluko Olokun, reporting from Lagos for GLiDE NEWS
T he political storm brewing over President Bola Tinubu’s controversial declaration of a state of emergency in Rivers State has escalated to the nation's highest court, with 11 governors of the Peoples Democratic Party (PDP) formally challenging what they describe as a brazen assault on Nigeria’s constitutional order
The Federal Government, through the Office of the Attorney General of the Federation and Minister of Justice, has now been served with the originating summons filed at the Supreme Court, triggering a countdown toward what could become one of the most consequential constitutional legal battles in Nigeria’s democratic history
At the centre of the dispute is the legality of the emergency proclamation issued on March 18 by President Tinubu which suspended the elected leadership of Rivers State including Governor Siminalayi Fubara, Deputy Governor Ngozi Odu and all members of the state’s House of Assembly. In place of the ousted administration the President appointed retired Vice Admiral Ibok-Ete Ibas to act as Sole Administrator — a move that has ignited national outrage and deepened the fault lines of Nigeria’s delicate federal structure
The 11 PDP governors — representing the states of Adamawa Enugu Osun Oyo Bauchi Akwa Ibom Plateau Delta Taraba Zamfara and Bayelsa — argue that the President’s actions are not only unconstitutional but represent a dangerous precedent that undermines the democratic mandate of state governments. In the suit marked SC/CV/329/2025 the governors contend that no section of the 1999 Constitution empowers the President to unilaterally suspend duly elected governors or dissolve legislative bodies even in the context of an emergency
Legal experts familiar with the case say the outcome could redefine the boundaries of executive power in Nigeria
In the suit the governors posed key constitutional questions to the court — among them whether the President under Section 305 of the Constitution can suspend a state government and impose an unelected administrator. The plaintiffs are also seeking clarity on whether such acts infringe on Sections 1 2 4 5 90 and 188 of the Constitution which outline the separation of powers and autonomy of states in the federation
Inside the corridors of power in Abuja the move by the PDP governors has set off intense legal consultations. Senior lawyers within the Ministry of Justice are said to be working around the clock to prepare the government’s response within the 14-day window mandated by the court. While official reactions have remained muted insiders confirm that the administration is determined to defend the emergency action as both necessary and legally sound citing the need to prevent a breakdown of law and order in the oil-rich state
The National Assembly has already expressed support for the emergency declaration but analysts warn that legislative backing alone does not override the clear constitutional constraints on federal intervention in state affairs
At the heart of the matter lies a broader question that transcends party politics — can Nigeria’s democracy withstand executive overreach or will this moment mark a shift in how power is interpreted and exercised in a federation built on constitutional balance
As the Supreme Court prepares to hear arguments legal scholars political observers and the public at large are watching closely. The stakes could not be higher — not just for Rivers State but for the principle of state autonomy across Nigeria’s 36 states
The courtroom drama that now unfolds promises to be a historic test of Nigeria’s democratic resilience and the supremacy of its Constitution
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