
Eleven governors elected under the Peoples Democratic Party (PDP) have approached the Supreme Court to challenge President Bola Tinubu’s authority to suspend the elected Governor of Rivers State, Siminalayi Fubara.
The governors also questioned the legality of the President’s declaration of a state of emergency in Rivers State.
Although earlier media reports suggested the case had already been filed, the suit was officially submitted to the apex court on Tuesday.
The suing states include Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa.
Filed through their respective Attorneys General, the governors raised eight legal points, asking the Supreme Court to rule on whether the President has the constitutional power to suspend an elected state government.
They also want the court to decide whether President Tinubu’s approach to declaring a state of emergency in Rivers aligns with the provisions of the 1999 Constitution.
They further prayed the court to determine the following: “Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend or in any manner whatsoever interfere with the offices of a Governor and the Deputy Governor of any of the component 36 States of the Federation of Nigeria and replace same with his own unelected nominee as a Sole Administrator, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of the State of the Federation, particularly in any of the Plaintiffs States?
“Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 4(6), 11(4) & (5), 90, 105 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend the House of Assembly of any of the component 36 States of the Federation of Nigeria, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of such States, particularly in any of the Plaintiffs States?
“Whether the consequent threat by the first Defendant acting on behalf of the President to the States of the Federation, including the Plaintiffs’ States, to the effect that the offices of the Governor and Deputy Governor of the States can be suspended by the President by virtue of a Proclamation of a State of Emergency, is not in contravention of the provisions of Sections 1(2), 4(6), 5(2), 11(2) and (3) of the Constitution of the Federal Republic of Nigeria 1999 and inconsistent with the principles of constitutional federalism?”
Meanwhile, the respondents are required to enter an appearance within 14 days of being served the Summons, including the day the service was effected.