Breaking: Supreme Court Throws Out PDP Governors’ Case Against Rivers Emergency Rule

The Supreme Court on Monday struck out a suit filed by Adamawa State and 10 other states governed by the Peoples Democratic Party (PDP), which challenged the legality of the state of emergency declared by President Bola Tinubu in Rivers State.....KINDLY READ THE FULL STORY HERE▶

President Tinubu had, as part of the emergency proclamation, suspended elected state officials for a six-month period.

In a split decision of six to one, the apex court held that the plaintiffs failed to establish a cause of action sufficient to invoke its original jurisdiction.

Delivering the lead judgment, Justice Mohammed Idris ruled that the 11 PDP-controlled states did not demonstrate the existence of any justiciable dispute between them and the Federation that would warrant the Supreme Court’s exercise of original jurisdiction.

The court affirmed the President’s constitutional authority to declare a state of emergency in any state to avert a breakdown of law and order or prevent a descent into chaos or anarchy.

It further held that, during such an emergency, the President may suspend elected officials, provided the suspension is for a limited duration.

Justice Idris explained that Section 305 of the 1999 Constitution empowers the President to take extraordinary measures to restore normalcy when a state of emergency is declared. He noted that the Constitution does not expressly define the scope of such measures, thereby granting the President discretionary powers in responding to emergency situations.

Although the suit was struck out for lack of jurisdiction, Justice Idris went on to consider the substantive issues raised and dismissed the case on its merits.

However, Justice Obande Ogbuinya dissented, holding that the suit succeeded in part. While he agreed that the President has the authority to declare a state of emergency, he maintained that such power does not extend to the suspension of elected state officials, including governors, deputy governors, and members of state assemblies.

The suit, marked SC/CV/329/2025, was instituted by the Attorneys-General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.

It was based on eight grounds, with the plaintiffs asking the Supreme Court to determine whether the President possesses the constitutional power to suspend a democratically elected state government and whether the procedure adopted in declaring the state of emergency in Rivers State violated the provisions of the 1999 Constitution.