Experts Urge PDP Governors to Maintain Supreme Court Challenge Against Fubara’s Suspension

 A coalition of legal and political analysts has strongly advised governors of the People’s Democratic Party (PDP) not to withdraw their Supreme Court lawsuit challenging the suspension of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and the Rivers State House of Assembly. 

The lawsuit, initiated by seven PDP governors from Adamawa, Bauchi, Bayelsa, Enugu, Osun, Plateau, and Zamfara, contests President Bola Tinubu’s declaration of a state of emergency in Rivers on March 18, 2025, which led to the appointment of Vice Admiral Ibok-Ete Ibas (retd) as sole administrator. The emergency followed a political rift between Fubara and Federal Capital Territory Minister Nyesom Wike, compounded by a blast that damaged the Trans-Niger Pipeline, costing Nigeria $14 million daily in oil revenue.

The lawsuit, filed as Suit No: FHC/PH/CS/50/2025 on April 9, 2025, argues that Tinubu’s action violated Section 305 of the 1999 Constitution, which mandates a two-thirds majority approval from both chambers of the National Assembly for such declarations. Analysts, including Senior Advocate of Nigeria Afam Osigwe and constitutional scholar Dr. Chidi Amuta, assert that the National Assembly’s use of voice votes, rather than a recorded tally, failed to meet this threshold, rendering the suspension unconstitutional. They warn that withdrawing the suit could set a dangerous precedent, allowing the federal government to override elected state officials without due process, undermining Nigeria’s federal structure. The case, adjourned to May 26, 2025, seeks to reinstate Fubara’s administration and nullify Ibas’s appointment, potentially reshaping federal-state power dynamics.

The urgency of the advice stems from Tinubu’s June 26, 2025, reconciliation meeting with Fubara, Wike, and Speaker Martins Amaewhule, which restored Fubara’s mandate on the condition that he forgo a 2027 re-election bid. Experts argue that this deal, while temporarily stabilizing Rivers, does not address the constitutional breach, and withdrawal could weaken PDP’s influence, which holds 25% of Nigeria’s vote share. Rivers, contributing 20% to Nigeria’s oil output, saw 1,500 protests since March, reflecting public discontent. The governors, led by Bayelsa’s Duoye Diri, reaffirmed their commitment to the suit, citing the need to protect democratic norms. A favorable ruling could boost PDP’s 5 million-strong voter base in the South-South, critical for the 2027 elections.