Governors of the Peoples Democratic Party (PDP) – Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau and Zamfara states – have filed a lawsuit at the Supreme Court to challenge President Bola Tinubu’s declaration of a state of emergency in Rivers State.
In the suit, they argue that the Tinubu lacks the constitutional power to suspend a democratically elected Governor Siminalayi Fubara and deputy.
They are seeking a declaration that the president’s actions violate sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
They also maintained that the Tinubu has “no powers whatsoever or vires 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.”
They are also challenging the approval of the state of emergency by the National Assembly, arguing that the use of a voice vote is unconstitutional as the law mandates a two-thirds majority vote from all members of each legislative chamber.In their submission to the court, the governors also argued that the emergency proclamation did not meet the constitutional requirements set by Section 305.
“The proclamation failed to meet the stipulated conditions and procedures for such a declaration and was made for reasons beyond those specified in the said constitutional provision,” the governors contend.
They are seeking an order to nullify the appointment of Ibok-Ete Ibas as the sole administrator, declaring it unlawful and in gross violation of the constitution. Additionally, they want the court to restrain the president from further attempts to suspend other governors or interfere with their constitutional duties.
On March 18, Tinubu declared the emergency rule, citing Section 305(5) of the Nigerian Constitution, 1999 and suspended Governor Fubara, his deputy, Prof. Ngozi Odu and all members of the state House of Assembly for six months and appointed Vice-Admiral Ibok-Ete Ibas (retd) as sole administrator.