Governors from the Peoples Democratic Party (PDP) have taken legal action at the Supreme Court, challenging President Bola Tinubu’s decision to impose a state of emergency in Rivers State.
On March 18, the president invoked Section 305(5) of the 1999 Nigerian Constitution to justify the emergency rule, suspending Governor Siminalayi Fubara, his deputy Ngozi Odu, and all state House of Assembly members for six months.
In their place, he appointed Retired Vice-Admiral Ibok-Ete Ibas as the state’s sole administrator.
However, PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara argue that the president lacks the constitutional authority to remove an elected governor and deputy governor.
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They also assert that appointing a sole administrator is unconstitutional.
According to court filings, the governors contend that the president’s actions violate Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
They insist that the president has no legal power to suspend an elected governor or deputy governor under the pretext of declaring a state of emergency.
Additionally, the governors challenge the National Assembly’s approval of the emergency declaration, arguing that a voice vote is unconstitutional since the law requires a two-thirds majority from all members of each legislative house.
They further claim that the proclamation does not meet the constitutional criteria set by Section 305, asserting that it was issued for reasons beyond those outlined in the law.
The governors are asking the court to nullify Ibok-Ete Ibas’s appointment, declaring it unconstitutional.
They also seek an order preventing the president from suspending other governors or interfering in their duties.
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