Furthermore, the governors are requesting the Supreme Court to declare the suspension of Fubara, his deputy, and the state lawmakers as unlawful and unconstitutional. They argue that the process did not follow the constitutional stipulations required for declaring a state of emergency.
Abuja, Nigeria – Governors of seven states under the Peoples Democratic Party (PDP) have taken legal action against President Bola Tinubu and the National Assembly, challenging the suspension of Rivers State Governor, Siminalayi Fubara.
The suit, filed at the Supreme Court, contests the six-month suspension imposed on Fubara, his deputy, Ngozi Odu, and members of the Rivers State House of Assembly. The suspension followed the declaration of a state of emergency in Rivers State by President Tinubu on March 18, during which he appointed a sole administrator to oversee the state’s affairs.
While the National Assembly endorsed the President’s decision, the PDP governors—representing Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara—argue that the move was unconstitutional. Acting through their respective Attorneys-General, the governors are urging the apex court to affirm that the President lacks the legal authority to suspend an elected governor, deputy governor, or state legislature under the guise of a state of emergency.
Citing Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended), the plaintiffs assert that such an action violates democratic principles. They also contend that Tinubu’s decision to dissolve the Rivers State House of Assembly and appoint a sole administrator lacks constitutional backing, referencing Sections 192(4)(6) and 305 of the Constitution.
Furthermore, the governors are requesting the Supreme Court to declare the suspension of Fubara, his deputy, and the state lawmakers as unlawful and unconstitutional. They argue that the process did not follow the constitutional stipulations required for declaring a state of emergency.
A key contention in their lawsuit is the National Assembly’s use of voice votes to ratify the President’s decision. According to the plaintiffs, such approval does not meet the constitutional requirement of a two-thirds majority vote in each legislative chamber.
Among the reliefs sought, the governors are asking the Supreme Court to:
Nullify the proclamation of a state of emergency in Rivers State.
Rescind the appointment of a sole administrator for the state.
Prevent the federal government from implementing the suspension of Governor Fubara and his deputy.
Prohibit any future attempts by the President to suspend elected governors or interfere with state administrations.
The case is expected to test the limits of presidential powers and the autonomy of state governments under Nigeria’s constitutional framework.
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