PDP Governors Take Tinubu, NASS To Supreme Court Over Rivers Emergency Rule, Fubara's Suspension

Governors elected under the political platform of the Peoples Democratic Party, PDP have approached the Supreme Court to challenge President Bola Tinubu and the National Assembly, over the proclamation of State of Emergency in Rivers State and the subsequent suspension of Governor Siminalayi Fubara and his Deputy, Prof. Ngozi Odu, for six months 

In the court documents, the plaintiffs are seeking a declaration that the president’s actions violated 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.

The Governors 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.