Eleven governors from the Peoples Democratic Party (PDP) have filed a suit before the Supreme Court questioning the legal authority of President Bola Ahmed Tinubu to intervene in the affairs of Rivers State by attempting to suspend its elected governor, Siminalayi Fubara. The governors argue that the president’s actions infringe on constitutional provisions that guarantee the independence of states and protect democratically elected officials from arbitrary removal.
The legal action follows weeks of political tension in Rivers State, where Governor Fubara has been involved in a power struggle with various political figures, including allies of the presidency. The PDP governors contend that any move to suspend or remove Fubara without due process constitutes a violation of democratic principles and the Nigerian Constitution.
The governors are asking the Supreme Court to clarify whether the president has any legal power under the 1999 Constitution (as amended) to unilaterally suspend a state governor. They also seek judicial interpretation on the extent of executive power at the federal level in relation to the autonomy of the states, particularly in cases where there is no declared state of emergency.
In their filing, the PDP governors maintain that there is no constitutional basis for any federal intervention in Rivers State since the state is not facing any extraordinary crisis that would justify such action. They argue that suspending a sitting governor through presidential influence undermines the will of the people who elected that governor and threatens the federation structure of the country.
Sources close to the PDP have indicated that the governors view the issue as a broader threat to democracy across Nigeria. According to them, allowing any precedent where the presidency can remove or suspend a governor without recourse to the constitution would erode the autonomy of state governments and create a dangerous imbalance in the nation’s federal structure.
The governors involved in the suit are reportedly acting as a bloc to show solidarity with Fubara and to prevent what they describe as a federal overreach. While they have not disclosed the full content of their legal argument, officials familiar with the case say it centers on Sections 188 and 189 of the Nigerian Constitution, which outline the procedures for removing a governor from office.
President Tinubu has not issued a direct public response to the lawsuit. However, presidential aides have in the past denied any plans to suspend or remove Governor Fubara, insisting that the president is committed to democratic processes and constitutional governance.
The political crisis in Rivers State has drawn national attention, with civil society groups, legal analysts, and opposition parties closely monitoring the developments. Several analysts have noted that the outcome of the Supreme Court case could set a significant precedent for executive power and the relationship between federal and state governments in Nigeria.
Legal experts suggest that the Supreme Court will likely consider the matter with urgency, given the constitutional questions it raises. The court is expected to determine whether presidential involvement in such matters constitutes a breach of the principle of separation of powers and federalism.
Meanwhile, PDP leadership has expressed strong support for Governor Fubara, calling on party members across the country to remain united in defending democratic norms. The party’s national chairman stated that PDP governors are standing up not just for Fubara but for the principle of electoral mandate and the rule of law.
This legal action comes at a time when Nigeria continues to grapple with issues of federalism, constitutional interpretation, and the balance of power between the executive and state governments. The Supreme Court’s decision, when delivered, will likely have far-reaching implications for Nigerian politics and governance.
