The State Governors from the People’s Democratic Party, PDP has sued President Bola Ahmed Tinubu, the National Assembly to Court over the suspension of Governor Siminalayi Fubara, and his deputy, Ngozi Odu.
In the suit filled at the Supreme Court, the seven PDP governors of Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara States questioned the powers the president has to carry out such action.
National Beam gathered that they through their Attorney-Generals,termed the suspension as unconstitutional, and 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,” based on the provisions of Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
They urged the Supreme Court to nullify the appointment of the sole administrator appointed to govern the state, arguing that president Tinubu lacks the statutory powers to do such.
The governors also argued that the declaration of a state of emergency in Rivers State by the defendants did not comply with the constitutional requirements set out in Section 305 of the 1999 Constitution (as amended).
They further argued that the National Assembly’s approval of the state of emergency via a voice vote was invalid, stressing that the Constitution mandates a two-thirds majority vote of members of each legislative chamber.
They therefore prayed the Supreme Court 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.
“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.”
It would be recalled that on March 18, 2025, governor Fubara, his deputy Ngozi Odu, and the Rivers House of Assembly members were suspended for six months by President Bola Tinubu after he declared a state of emergency in the state, and appointed a sole administrator for them.
The House of Representatives when the request was presented to them by the president approved it through a voice vote.
The State Governors produced by PDP has frowned at the whole scenario, saying that if the president didn’t take back the declaration that they would go to court, which is what has ensued now.
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