Seven governors from the Peoples Democratic Party (PDP) have filed a lawsuit at the Supreme Court of Nigeria, contesting the six-month suspension of Rivers State Governor Siminalayi Fubara.
The governors of Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara are challenging the President’s authority to impose such a suspension.
President Bola Tinubu and the National Assembly are named as respondents in the lawsuit.
The seven state governors, who termed the suspension as unconstitutional, through their Attorneys-Generals, urged the Supreme Court to declare that “the President has no powers whatsoever or authority to suspend a democratically elected governor and deputy governor of a state in the Federation of Nigeria under the guise of or pursuant to the proclamation of a state of emergency in any state of the federation, including the states represented by the plaintiffs.” based on the provisions of sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
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The governors are also asking the Supreme Court to rule that the president does not have the authority to suspend a democratically elected state House of Assembly, in accordance with Sections 192 (4) (6) and 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The appellants (seven state governors) sought a declaration that “the suspension of Governor Siminalaye Fubara, his deputy, and members of the Rivers State House of Assembly was unconstitutional, unlawful, and in gross violation of the provisions of the 1999 Constitution (as amended)”.
The PDP governors are arguing that President Tinubu does not have the legal power to suspend a sitting governor and appoint a Sole Administrator in their place.
They are asking the Supreme Court to invalidate the appointment of the Sole Administrator for Rivers State.
They are also challenging the legality of the National Assembly’s voice vote ratification of President Tinubu’s actions.
They argue that the declaration of a state of emergency in Rivers State did not adhere to the constitutional requirements outlined in Section 305 of the 1999 Constitution (as amended).
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Furthermore, they assert that President Tinubu’s proclamation did not meet the necessary conditions and procedures, and that it was made for reasons outside those permitted by the Constitution.
They also contend that the National Assembly’s approval of the state of emergency through a voice vote is invalid, emphasizing that the Constitution requires a two-thirds majority vote from each legislative chamber.
They prayed the Supreme Court for the following reliefs, “An order nullifying the proclamation of a state of emergency in Rivers State made by the first defendant and wrongfully approved by the second defendant.
“An order restraining the defendant, by himself, his servants, agents, and privies, from implementing the unlawful suspension of the governor and deputy governor of Rivers State.
“An order restraining the defendant, by himself, his servants, agents, and privies, from interfering in any manner whatsoever with the execution by the governor and deputy governor of Rivers State of their constitutional and statutory duties, as well as their electoral mandate.
“An order restraining the defendant from attempting the suspension of any other governor of any state in Nigeria, particularly the plaintiffs, or from interfering with or undermining their constitutional and statutory duties”.
President Tinubu suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the Rivers State House of Assembly for six months, following his declaration of a state of emergency in the state on March 18th.
He also appointed a sole administrator to manage the governor’s duties during the suspension period.
The state legislature expressed its support for the president’s decision to implement the suspension.
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