Eleven governors elected on the platform of the Peoples Democratic Party (PDP) have filed a suit at the Supreme Court challenging the powers of President Bola Tinubu to suspend the democratically elected Governor of Rivers State, Siminalayi Fubara.
The suit, instituted on Tuesday by the state governments through their respective Attorneys General, also seeks the apex court’s interpretation on the legality of the president’s alleged declaration of a state of emergency in Rivers State.
The plaintiff states include Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa.
The governors are urging the Supreme Court to determine whether the president has the constitutional authority to suspend any elected structure of government in a state, particularly the office of a governor and deputy governor, or replace them with an unelected nominee under the guise of a state of emergency.
In the summons predicated on eight grounds, the plaintiffs posed several legal questions to the court. These include whether President Tinubu’s alleged actions align with the provisions of Sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Constitution, particularly concerning the suspension or interference with a state’s executive offices.
They also queried whether the suspension of a State House of Assembly can be lawfully carried out under Sections 1(2), 4(6), 11(4) & (5), 90, 105, and 305 of the Constitution as part of a state of emergency declaration.
Furthermore, the plaintiffs challenged the constitutionality of what they described as a “threat” by the federal government to suspend state executives or legislatures using emergency powers, stating that such actions contradict constitutional provisions and the principles of federalism.
The defendants named in the suit are expected to file an appearance within 14 days from the date of service.
