Eleven governors from the Peoples Democratic Party (PDP) have approached the Supreme Court to challenge the extent of the president’s powers to suspend the democratically elected Governor of Rivers State, Siminalayi Fubara.
The lawsuit, filed by the governors, also contests the declaration of a state of emergency in Rivers State.
While initial reports suggested the suit had already been filed, it was only formally submitted to the Supreme Court on Tuesday.
The states involved as plaintiffs in the suit are Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa.
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Acting through their respective state Attorneys General, the plaintiffs based their legal challenge on eight grounds.
They are asking the Supreme Court to determine whether the president has the constitutional authority to suspend a democratically elected government structure within a state.
Furthermore, the plaintiffs are seeking the court’s determination on whether President Bola Tinubu’s declaration of a state of emergency in Rivers State was carried out in a manner consistent with the 1999 Constitution.
Specifically, they have asked the court to interpret whether, under the relevant sections of the Constitution, the President can lawfully suspend a state Governor and Deputy Governor and replace them with an unelected Sole Administrator under the guise of a state of emergency, particularly in the plaintiff states.
They are also challenging the President’s power to suspend a State House of Assembly under similar circumstances.
Additionally, the governors are questioning whether the threat by the President to suspend governors and deputy governors based on a state of emergency declaration is not a violation of the Constitution and the principles of federalism.
The respondents in the suit have been given 14 days to enter an appearance in court after being served with the summons.
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