The Supreme Court has dismissed a case filed by 11 opposition-controlled states challenging President Bola Tinubu’s suspension of the Rivers State governor, deputy governor, and lawmakers. The states, governed by the Peoples Democratic Party (PDP), questioned the president’s authority to suspend elected officials after declaring a state of emergency in Rivers State.
The states argued that the president lacked constitutional powers under sections 1(2), 5(2), 192, and 305 of the 1999 Constitution, as amended, to suspend state officials. They asked the court to declare the suspension illegal and unconstitutional. Delta State, initially part of the suit, withdrew after its governor defected from the PDP to the ruling All Progressives Congress (APC). Other states involved included Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Taraba, Zamfara, and Bayelsa.
The seven-member Supreme Court panel, in a 6-1 decision, ruled that the case was not competent for hearing. The majority held that the plaintiffs failed to establish a legal dispute between the states and the federal government that would justify the court’s original jurisdiction. The court stated that its original jurisdiction applies only where a dispute exists between the federation and a state.
The Attorney General of the Federation and the National Assembly defended the president’s actions, arguing that the measures were necessary to manage a political crisis in Rivers State and restore stability. They noted that the president’s suspension of officials was an extraordinary step taken in the best interest of governance. The court agreed that the plaintiffs did not meet procedural requirements, including issuing a three-month pre-action notice.
The ruling leaves the suspension of Governor Siminalaye Fubara, his deputy, and the Rivers State Assembly members in place. The case, which drew attention due to its political implications, has been formally dismissed, with the court’s decision reflecting the limits of presidential power under the current constitutional framework.