HURIWA has also rationalised the unacceptable delay to mean that the Supreme Court of Nigeria may be tacitly adopting the delay tactics to unwittingly compel the Appellants to reach out to the defendant for political solution rather than the nation’s highest court to make a definitive pronouncement to settle this thorny constitutional issues once and for all.

“We think that the Supreme Court of Nigeria is doing the greatest disservice to the country by the refusal or undue delay of the Chief Justice of Nigeria to constitute to the best of our knowledge  as members of the public, a panel of Justices to adjudicate on the salient constitutional questions posed to them in the groundbreaking legal challenge instituted since April 8th 2025 against the ill-fated decision of President Bola Tinubu to suspend a sitting governor even when there is nowhere in the Nigerian Constitution that gives the holder of the office of president the self-destructive powers of unseating a sitting governor of a state. We in HURIWA stand to be corrected that the delay is anything but ominous and toxic.

“The only logical explanation for this unfair tactics of the Supreme Court is to say that may be it is because of the fear of the unknown.  But if the Justices of the nation’s highest court are jittery and refusing to fix the dates for hearing of this groundbreaking legal challenge by the 11 PDP Governors against the suspension of a sitting governor, then we can say that there is a much deeper conspiratorial plot to destabilise constitutional democracy and achieve total state capture. We pray that we are wrong.

“The Justices of the Supreme Court of Nigeria ought to be patriotic enough to entertain this matter and take a decision one way or the other instead of this unnecessary delay that has now made the All Progressives Congress’s national hierarchy to employ blackmail tactics against some PDP Governors who are scared of losing their return bid to their offices in the next election and thereby forcing these scared PDP Governors to either cross carpet to APC or organise media charades to endorse President Bola Ahmed Tinubu for a second term.

In a media statement by the National Coordinator Comrade Emmanuel Onwubiko, HURIWA expressed disappointment that after nearly a month that the PDP Governors filed this legal challenge before the nation’s apex court, the good people of Nigeria have been left in the lurch regarding the status of the case and the dates for commencement of this litigation is shrouded in secrecy.

“We know that the Learned Justices of the Supreme Court of Nigeria must be aware that the eyes and minds of millions of Nigerians are on this very matter just as millions of people all over the World are waiting for the Supreme Court of Nigeria to make a pronouncement on the critical question of whether the President of the Federation has the constitutional powers to illegally unseat a sitting governor and temporarily dissolve the state legislature.

“It is a thing of surprise that such a landmark matter is being treated in such a lackadaisical and ‘We don’t give a damn’ attitude by the Supreme Court of Nigeria. We are urging the Supreme Court of Nigeria to wake up and fix a definitive date for hearing and deciding on this critical matter that touches on the heart of Nigeria’s constitutional democracy.”

The plaintiffs in the suit are – Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states. The suit filed by the governors also challenged the declaration of Emergency rule in Rivers State.

The plaintiffs, who filed the suit through their state Attorney Generals, predicated the summons on Eight grounds. They urged the apex court to determine if the president has the power to suspend a democratically elected structure of a state.

The plaintiffs also asked the court to determine if the way and manner President Bola Tinubu pronounced the state of emergency declaration in Rivers State is not in contravention of the 1999 constitution.

They further 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?”

Meanwhile, the respondents in the suit are to within 14 days after the service of the Summons on them inclusive of the day of such service, cause an appearance to be entered for them.

“HURIWA wonders why the Justices of the Supreme Court of Nigeria do not want to come forward and determine the legality or otherwise of the Proclamation of a state of emergency in Rivers state particularly with regards to the illegal suspension of the governor.  We think the tactics of unduly delaying the date for commencement of this important matter is working to the advantage of the first Defendant, the President who in the first place is being accused of committing an unconstitutional act.

“The delay in hearing the matter has now sparked off panic in the camp of Governor Fubara who we believe is likely being blackmailed by the All Progressives Congress to beg for reinstatement which automatically renders the suit a pure academic exercise.

“The Justices of the Supreme Court of Nigeria should be told that they are collectively committing and unleashing injustice if they continue to delay the case which challenges the suspension of a sitting governor by a sitting President.  It seems like the Supreme Court Justices are beginning to see President Bola Ahmed Tinubu as a political demigod who must never be offended by mere mortals. This is the only way to rationalise this unmitigated scandal of failure to fix a date for the determination of the constitutional questions posed by the Appellants who had approached the Supreme Court’s for several days now.”