The executive governor of Oyo state, governor Seyi Makinde 10 other governors of the Peoples Democratic Party have approached the Supreme Court challenging what powers President Bola Tinubu has to suspend a democratically elected structure of a state.
Other plaintiffs in the suit are – Adamawa, Enugu, Osun, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.
The plaintiffs urged the Supreme Court to determine if the President had the powers to suspend a democratically elected structure of a state.
The governors, in the suit marked: SC/CV/329/2025, predicated the summon on eight grounds
The suit filed by the governors also challenges the declaration of a state of emergency rule in Rivers State.
They also asked the apex court to determine if the way and manner the President pronounced the state of emergency declaration in Rivers State was not in contravention of the 1999 Constitution.
Amongst others, all, Makinde and 10 governors in the suit, filed through their state Attorney Generals, prayed the court to determine the following, “Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend or in any manner whatsoever interfere with the offices of a Governor and the Deputy Governor of any of the component 36 States of the Federation of Nigeria and replace same with his own unelected nominee as a Sole Administrator, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of the State of the Federation, particularly in any of the Plaintiffs States?
“Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 4(6), 11(4) & (5), 90, 105 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend the House of Assembly of any of the component 36 States of the Federation of Nigeria, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of such States, particularly in any of the Plaintiffs States?
“Whether the consequent threat by the first Defendant acting on behalf of the President to the States of the Federation, including the Plaintiffs’ States, to the effect that the offices of the Governor and Deputy Governor of the States can be suspended by the President by virtue of a Proclamation of a State of Emergency, is not in contravention of the provisions of Sections 1(2), 4(6), 5(2), 11(2) and (3) of the Constitution of the Federal Republic of Nigeria 1999 and inconsistent with the principles of constitutional federalism?
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