Supreme Court Backs Tinubu’s Power to Suspend Governors, Upholds Rivers Emergency Rule

Nigeria’s Supreme Court has affirmed that President Bola Tinubu possesses constitutional powers to temporarily remove an elected governor and proclaim a state of emergency, provided such action is taken strictly within the ambit of the law.

In a split 6–1 decision delivered on Monday, the Supreme Court upheld the president’s emergency proclamation in Rivers State and the suspension of Governor Siminalayi Fubara, relying on Section 305 of the amended 1999 Constitution, PulseNets learnt.

Citing the constitutional provision, the court referenced Section 305(c), which provides that “the president may proclaim a state of emergency only where there is an actual breakdown of public order and public safety in the federation or any part thereof, to the extent that extraordinary measures become inevitable.”

Justice Mohammed Idris, who delivered the lead judgment, held that the Constitution permits a president to suspend a sitting governor for a limited duration under emergency conditions. The apex court consequently dismissed a suit filed by several states governed by the Peoples Democratic Party (PDP), which had challenged the legality of the president’s action.

PulseNets reported that President Tinubu, on March 18, declared a state of emergency in Rivers State amid an intense political standoff between Governor Fubara and his estranged political ally, former governor Nyesom Wike. The declaration led to the suspension of the governor, his deputy, and members of the Rivers State House of Assembly.

PDP governors had condemned the move, insisting it amounted to an unconstitutional interference in the affairs of Rivers State. They argued that the president lacked the authority to remove an elected governor and subsequently approached the Supreme Court for judicial clarification.

Adamawa State, alongside 10 other PDP-controlled states, jointly instituted the suit, asking the court to determine the limits of presidential powers under the emergency provisions of the Constitution, PulseNets obtained.

Following the suspension of the elected officials and the stoppage of their statutory salaries, President Tinubu appointed retired Vice Admiral Ibok-Ete Ibas as sole administrator of Rivers State, a step the presidency said was aimed at preventing a total collapse of law and order.

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PulseNets further learnt that the president lifted the emergency rule in September, restoring Governor Fubara and the suspended lawmakers to office.

In a related political development, Governor Fubara last week defected from the PDP to the All Progressives Congress (APC), publicly pledging allegiance to President Tinubu and endorsing his re-election bid ahead of the 2027 general elections, according to sources who spoke to PulseNets.