Peoples Democratic Party Governors have filed a lawsuit at the Supreme Court challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State.
Tinubu had on March 18 slammed emergency rule on the state, suspended Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state House of Assembly for six months.
He thereafter appointed Retired Vice-Admiral Ibok-Ete Ibas as the state’s sole administrator.
The governors including those of Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states, contend that the appointment of a sole administrator is unconstitutional.
They also argue that the president lacks the constitutional power to suspend a democratically elected governor and deputy governor.
According to the court documents, the plaintiffs are seeking a declaration that the president’s actions violate sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
They assert that the president 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.”
The governors are also challenging the approval of the state of emergency by the National Assembly, arguing that the use of a voice vote is unconstitutional. They insist that the constitution mandates a two-thirds majority vote from all members of each legislative chamber.
In their submission to the court, the plaintiffs further argue 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.
The governors, though not directly affected by the emergency rule, said they are pursuing the case to set a legal precedent. “They are determined to test the law for the sake of posterity,” a source close to the PDP governors said.
The Guardian
