Governors elected by the People’s Democratic Party, PDP, have dragged the Federal Government to court to challenge the six-month suspension of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and the Rivers House of Assembly members.
The governors of Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states have filed a suit before the Supreme Court, questioning President Bola Tinubu’s authority to suspend a democratically elected governor and appoint a sole administrator in his place.
Fubara and other state officials were suspended on March 18, following a state of emergency declared by the president. The National Assembly supported Tinubu’s decision, ratifying the suspension through a voice vote. However, the PDP governors argue that the move was unconstitutional and violated the provisions of the 1999 Constitution (as amended).
Through their Attorneys-General, the governors urged the Supreme Court to rule that the president lacks the legal power to suspend an elected state governor, deputy governor, or House of Assembly members, even during a state of emergency. They cited Sections 1(2), 5(2), and 305 of the Constitution to support their claims.
Additionally, they contended that the voice votes used by the National Assembly to approve the state of emergency were invalid, stressing that the Constitution requires a two-thirds majority vote of both legislative chambers for such a decision. They argued that Tinubu’s proclamation failed to meet the constitutional requirements set for declaring a state of emergency.
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The plaintiffs further asserted that the suspension of Fubara, his deputy, and the state legislature was unlawful and should be overturned. They maintained that Tinubu’s appointment of a sole administrator to govern Rivers State was unconstitutional, calling for its immediate nullification.
Among their demands, the governors requested an order restraining the president from implementing the suspension and interfering with Fubara’s constitutional duties. They also sought a ruling preventing Tinubu from attempting similar actions against any other governor in Nigeria.
The suit also challenges the legality of the state of emergency itself, arguing that it was imposed for reasons outside those specified in the Constitution. The governors insisted that the action undermined democratic governance and electoral mandates in the country.
If the Supreme Court rules in favor of the PDP governors, it could set a legal precedent limiting presidential powers over state governments, particularly concerning the declaration of emergencies and suspension of elected officials. The court’s decision will be closely watched, as it may significantly impact the relationship between the executive and state governments in Nigeria.
Crediblenewsng.com
