The suit filed by 11 governors of the Peoples Democratic Party (PDP) challenging the declaration of a state of emergency in Rivers State by President Bola Tinubu has officially been received by the Federal Government.
A source at the Federal Ministry of Justice, speaking anonymously due to lack of authorization, confirmed on Wednesday that the suit had been served on the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami.
They have served the HAGF with the suit,” the source disclosed in response to an inquiry
Eleven governors elected on the platform of the Peoples Democratic Party (PDP), representing Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States, have taken legal action against President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State.
According to reports, the governors approached the Supreme Court to contest the constitutional validity of the President’s move to suspend the elected government of Rivers State, including Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and members of the State House of Assembly.
The suit, registered as SC/CV/329/2025, seeks a ruling on whether the President has the constitutional power to remove elected state officials and replace them with an unelected appointee—specifically retired Vice Admiral Ibok-Ete Ibas, who was named Sole Administrator during the six-month emergency period.
The PDP governors are asking the court to interpret key constitutional provisions—Sections 1(2), 5(2), 176, 180, 188, and 305—and clarify whether they permit such executive interference in a state’s governance under the pretext of an emergency.
They further question if the President’s threat to dissolve elected state offices undermines Nigeria’s constitutional federalism, citing additional constitutional sections: 1(2), 4(6), 5(2), and 11(2) & (3).
The governors argue that such actions could set a dangerous precedent, eroding democratic structures at the state level. The Attorney-General of the Federation has formally received the suit, and preparations are ongoing for the Federal Government’s defense before the Supreme Court.