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Fubara: PDP Govs Drag Tinubu, N’Assembly Before Supreme Court
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8/25/2025, 5:00:00 PM
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3/26/2025, 10:02:15 AM
By Eniekenemi Atoukudu - 3/26/2025, 8:54:40 AM
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Governors from states governed by the Peoples Democratic Party (PDP) have filed a lawsuit at the Supreme Court, contesting the six-month suspension of Rivers State Governor Siminalayi Fubara. President Bola Tinubu suspended Fubara, his deputy Ngozi Odu, and the Rivers State House of Assembly members on March 18 after declaring a state of emergency in the state and appointing a sole administrator. The legislature backed the president’s decision to enforce the suspension. However, the governors of Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara have questioned the president’s authority to take such action. Named as respondents in the suit are President Tinubu and the National Assembly. Through their Attorneys-General, the governors argued that the suspension was unconstitutional and urged the Supreme Court to declare that “the President has no powers whatsoever to suspend a democratically elected governor and deputy governor under the guise of a state of emergency.” They cited Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended) to support their claim. The suit also sought a declaration that the President lacks the authority to suspend a state’s House of Assembly under Sections 192(4)(6) and 305 of the Constitution. The governors described the suspension of Fubara, his deputy, and the Assembly members as unconstitutional and unlawful, arguing that Tinubu lacks the statutory power to replace a serving governor with a sole administrator. They urged the Supreme Court to nullify the appointment. Additionally, they challenged the National Assembly’s use of voice votes to approve Tinubu’s actions, asserting that the state of emergency in Rivers did not meet the constitutional requirements outlined in Section 305. The litigants argued that the proclamation failed to follow due process and was based on reasons beyond those specified in the Constitution. Furthermore, they contended that the National Assembly’s approval of the emergency via a voice vote was invalid, emphasizing that the Constitution mandates a two-thirds majority vote from each legislative chamber. They prayed the Supreme Court for the following relief, “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.”
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