Victor EzejaGovernors of states controlled by the Peoples Democratic Party (PDP) have filed a suit at the Supreme Court challenging the suspension of Rivers State Governor, Siminalayi Fubara, his deputy, and State House of Assembly members.
President Bola Tinubu, who declared a state of emergency in Rivers State on 18 March, suspended the governor, his deputy Ngozi Odu, and House of Assembly members, and appointed a sole administrator for the state.
Join our WhatsApp ChannelThe president claimed that his actions were backed by provisions in Section 305 of the 1999 Constitution as amended.
The National Assembly subsequently gave its approval of the president’s proclamation.
However, the governors of Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states queried the powers the president has to suspend a democratically elected governor, deputy, and members of state parliament.
The seven state governors, who filed the suit through their Attorney-Generals, are seeking an order of the Supreme Court to declare the president’s action of suspending the governor, his deputy and House of Assembly members “unconstitutional.”
President Tinubu and the National Assembly were cited as respondents in the suit.
Citing provisions of Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended), the plaintiffs 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.”
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The governors are also seeking a declaration of the apex court that the President has no powers to suspend a democratically elected House of Assembly of a state pursuant to Sections 192 (4) (6) and 305 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Also among their reliefs is a declaration that “the suspension of Governor Siminalayi 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 governors maintained that Tinubu was not authorized by law to remove a sitting governor and replace them with a sole administrator.
The governors urged the Supreme Court to revoke the appointment of the state’s sole administrator.
On the procedure for legislative approval of such action, they contested the constitutionality of the National Assembly’s use of voice votes to approve Tinubu’s action.
They contended that the defendants’ proclamation of a state of emergency in Rivers State was in violation of the criteria outlined in Section 305 of the 1999 Constitution (as amended).
The appellants further argued that the President’s proclamation was made for reasons not listed in the Constitution and did not comply with the requirements and processes for such a declaration.
They further emphasized that the Constitution requires a two-thirds majority vote of members of each legislative house, arguing that the National Assembly’s voice vote to approve the state of emergency was unlawful.
They therefore prayed for:
“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.
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“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.”
Earlier, the Peoples Democratic Party had issued a statement rejecting the emergency rule declaration in Rivers State, arguing that it is unconstitutional.
The party said President Tinubu’s action “borders on an attempt at state capture.”
They insisted that Tinubu’s appointment of a sole administrator for Rivers State is “illegal and a clear recipe for crisis, threat to the peace and stability of not only Rivers State but the entire nation.”
Victor Ezeja is a passionate journalist with six years of experience writing on economy, politics and energy. He holds a Masters degree in Mass Communication.
