BREAKING: PDP Governors Take Fubara’s Suspension to Nigeria’s Supreme Court
posted 26th March 2025
PDP Governors Take Fubara’s Suspension to Nigeria’s Supreme Court
Seven governors from the Peoples Democratic Party (PDP) have launched a legal challenge at Nigeria’s Supreme Court against the six-month suspension of Rivers State Governor Siminalaye Fubara, branding the move by President Bola Tinubu as unconstitutional. The governors, hailing from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara, argue that the President lacks the authority to suspend a democratically elected governor and appoint a sole administrator in his place.
The lawsuit, filed through the states’ Attorneys-General, names President Tinubu and the National Assembly as respondents. It stems from Tinubu’s decision on 18 March to declare a state of emergency in Rivers State, suspend Fubara, his deputy Ngozi Odu, and the state’s House of Assembly, and appoint a sole administrator to oversee the state’s affairs for six months. The National Assembly backed the President’s actions, approving the emergency measures via a voice vote.
The PDP governors contend that Tinubu’s actions violate key provisions of the 1999 Constitution (as amended), specifically sections 1(2), 5(2), and 305, which outline the limits of presidential power and the conditions for declaring a state of emergency. They assert that the President has no legal basis to suspend a sitting governor or state assembly, nor to replace them with an unelected administrator. The governors are asking the Supreme Court to declare the suspension “unconstitutional, unlawful, and in gross violation” of Nigeria’s constitutional framework.
In their filing, the governors also challenge the process by which the National Assembly ratified Tinubu’s decision, arguing that a voice vote falls short of the constitutionally mandated two-thirds majority required from both legislative chambers. They further claim that the state of emergency proclamation failed to meet the strict conditions laid out in the Constitution, alleging it was driven by motives not specified in law.
The plaintiffs are seeking a raft of remedies from the apex court, including an order to nullify the state of emergency and the appointment of the sole administrator, as well as injunctions to prevent the President from implementing the suspension or interfering with Fubara’s duties. They also request a broader restraining order to stop Tinubu from attempting similar suspensions of other state governors, particularly those of the plaintiff states.
The legal battle underscores a deepening rift between the PDP governors and the Tinubu administration, raising questions about the balance of power between Nigeria’s federal and state governments. The Supreme Court’s ruling could set a significant precedent for the limits of presidential authority in the country’s federal system.
As the case unfolds, all eyes will be on Nigeria’s highest court to determine the fate of Fubara’s governorship and the broader implications for democratic governance.
