Setback For PDP Govs As Delta Withdraw Suit Challenging Rivers State Of Emergency

In what looks like a major setback for the camp of the Peoples Democratic Party (PDP) Governors, Delta State has withdrawn from the lawsuit contesting President Bola Tinubu’s declaration of a state of emergency in Rivers State.

Naijaonpoint reports that this development occurred approximately 12 days after Delta State Governor Sheriff Oborevwori and the entire PDP leadership in the state defected to the ruling All Progressives Congress (APC), expressing their unwavering support for President Tinubu.

Delta State was initially one of the plaintiffs in the case identified as SC/CV/329/2025, which was filed by the governors of 11 PDP states before the Supreme Court.

The plaintiffs specifically contested President Tinubu’s authority to suspend democratically elected state officials, including a sitting governor and his deputy, and to replace them with unelected individuals. In addition to Delta, the other states involved in the lawsuit included Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Taraba, Zamfara, and Bayelsa.

The governors, through their respective Attorneys-General, presented six questions for the Supreme Court’s consideration, including whether the President of Nigeria has the legal right to suspend or interfere with the positions of a governor and deputy governor and appoint unelected officials under the pretext of a state of emergency declaration.

The plaintiffs also requested the Supreme Court to determine whether the Attorney-General’s threat, acting on behalf of the President, to suspend the offices of governors and deputy governors through such proclamations, violated the provisions of the amended 1999 Constitution and the principles of constitutional federalism.

Furthermore, they sought clarification on whether the National Assembly could endorse a state of emergency declaration, including the suspension of state executives and legislatures, by a simple voice vote instead of the constitutionally mandated two-thirds majority from all members of each chamber.

Naijaonpoint reports that following the resolution of the issues at hand, the PDP governors sought various forms of relief, including a request for an order to invalidate the state of emergency declaration in Rivers State, as documented in Official Gazette No. 47 of 2025.

They also requested a perpetual injunction to prevent the defendants from suspending or endorsing the suspension of, or otherwise interfering with, the offices of the Governor, Deputy Governor, and/or the House of Assembly in any of the Plaintiff States through a Proclamation of State of Emergency or by any other means.

The Attorney-General of the Federation and the National Assembly were named as the 1st and 2nd defendants in this case.

Meanwhile, as the Supreme Court, led by the Chief Justice of Nigeria, Justice Kudirat Ekekere-Ekun, prepares to establish a seven-member panel to address the constitutional issue, the plaintiffs experienced a reduction in their numbers, with Delta State opting out of the proceedings.

A senior government official in Delta State informed Vanguard that Governor Oborevwori has directed the state’s legal team, headed by Attorney-General Mr. Ekemejero Ohwovoriole, SAN, to submit a notice of discontinuance.

“At the moment, Governor Oborevwori is no longer a PDP governor so there is no basis for him to remain a plaintiff in the suit that was filed by PDP governors.

“I can assure you that once the Supreme Court fixes a date, the Delta state legal team will formally withdraw from the hearing,” the official who craved anonymity, told Vanguard.

There are indications that Akwa Ibom State may equally pull out from the suit.