Delta State has pulled out of the lawsuit challenging President Bola Tinubu’s proclamation of a state of emergency in Rivers State, which appears to be a significant blow to the PDP Governors’ camp.
This came just 12 days after Delta State Governor Sheriff Oborevwori and the entire PDP leadership in the state switched to the ruling All Progressives Congress (APC), stating their everlasting support for President Tinubu, according to Naija News.
In the lawsuit known as SC/CV/329/2025, which was brought before the Supreme Court by the governors of 11 PDP states, Delta State was one of the original claimants.
President Tinubu’s power to suspend democratically elected state authorities, such as a sitting governor and his deputy, and replace them with unelected people was particularly disputed by the plaintiffs. Apart from Delta, Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Taraba, Zamfara, and Bayelsa were among the other states that were part of the complaint.
Through their respective Attorneys-General, the governors submitted six questions to the Supreme Court for review. One of the questions was whether the President of Nigeria is legally permitted to appoint unelected officials under the guise of declaring a state of emergency and to suspend or interfere with the duties of a governor and deputy governor.
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.
Naija News 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.
The plaintiffs saw a decrease in numbers as the Supreme Court, presided over by Nigeria’s Chief Justice, Justice Kudirat Ekekere-Ekun, gets ready to form a seven-member panel to handle the constitutional dispute, with Delta State choosing to withdraw from the proceedings.
Governor Oborevwori has instructed the state’s legal team, led by Attorney-General Mr. Ekemejero Ohwovoriole, SAN, to submit a notice of discontinuance, a senior government official in Delta State told Vanguard.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.
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