Eleven governors from the Peoples Democratic Party (PDP) have filed a suit at the Supreme Court, questioning President Bola Tinubu’s authority to suspend Rivers State Governor Siminalayi Fubara.
According to CHANNELS, the governors also contest the declaration of emergency rule in Rivers State.
The 11 PDP governors, representing Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states, filed the suit through their state Attorney Generals.
They cited eight grounds, focusing on whether the president can lawfully suspend a democratically elected state official and interfere with state governance.
The governors asked the court to consider whether the president can suspend a governor and deputy governor, replacing them with an unelected nominee, under the guise of a state of emergency.
They also questioned whether the president can lawfully suspend a state House of Assembly under a proclamation of a state of emergency, and whether the president’s actions contravene the Constitution and principles of federalism.
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?”
Respondents have 14 days to enter an appearance after being served the summons. This case challenges the president’s powers and the implications for state governance in Nigeria.
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