Governors from the Peoples Democratic Party (PDP) have filed a lawsuit at the Supreme Court against President Bola Tinubu over his declaration of a state of emergency in Rivers State.
On March 18, President Tinubu invoked Section 305(5) of the Nigerian Constitution to impose emergency rule in the state. As part of the decision, he suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the state House of Assembly for six months. He also appointed Retired Vice-Admiral Ibok-Ete Ibas as the sole administrator of the state.
The lawsuit was filed by PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states.
They argue that the president has no constitutional power to suspend a democratically elected governor and deputy governor. They also claim that appointing a sole administrator is unconstitutional.
According to court documents, the governors are asking the Supreme Court to rule that Tinubu’s actions violate Sections 1(2), 5(2), and 305 of the 1999 Constitution as amended.
They are also challenging the National Assembly’s approval of the state of emergency, arguing that it was done unconstitutionally using a voice vote instead of the required two-thirds majority vote from all members of each legislative chamber.
In their submission, the PDP governors state that the emergency proclamation did not meet the legal conditions outlined in Section 305 of the Constitution. They argue that the proclamation failed to follow the stipulated conditions and was made for reasons beyond those specified in the constitutional provision.
The governors are seeking an order from the Supreme Court to nullify the appointment of Ibok-Ete Ibas as Rivers State’s sole administrator, declaring it unlawful. They also want the court to prevent President Tinubu from suspending other governors or interfering in the constitutional functions of state governments.
The case is expected to test the constitutional limits of presidential powers over state governance in Nigeria.