Governors of states governed by the Peoples Democratic Party (PDP) have filed a lawsuit before the Supreme Court, challenging the six-month suspension of Rivers State Governor, Siminalayi Fubara. The suspension, along with the removal of his deputy, Ngozi Odu, and members of the Rivers State House of Assembly, was imposed by President Bola Tinubu after declaring a state of emergency in the state on March 18, 2025, and appointing a sole administrator.
Governors Question President’s Authority
The PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states have questioned the constitutionality of the president’s actions. They argue that the president lacks the legal authority to suspend a democratically elected governor and deputy governor, as well as members of a state legislature, under the guise of a state of emergency.
The governors, represented by their Attorney-Generals, have urged the Supreme Court to declare that the president has no constitutional power to carry out such actions. They cited Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended), which they believe prohibit the suspension of elected officials in this manner.
Challenge to Appointment of Sole Administrator
In addition to challenging the suspension, the governors are also calling for the nullification of the appointment of the sole administrator who has been placed in charge of Rivers State. They argue that the president’s action is unconstitutional and violates the provisions of the Nigerian Constitution.
The governors also contend that the state of emergency declaration, and the subsequent National Assembly ratification, did not follow the proper legal processes outlined in Section 305 of the Constitution. They argue that the reasons given for declaring a state of emergency in Rivers State do not align with the constitutional requirements.
Invalidity of National Assembly’s Approval
The governors further assert that the National Assembly’s approval of the state of emergency, which was done via a voice vote, is invalid. They emphasize that the Constitution mandates that such declarations should be approved by a two-thirds majority vote in each legislative chamber, not a voice vote.
Reliefs Sought by the Governors
The governors are asking the Supreme Court for several key reliefs:
- To nullify the president’s proclamation of a state of emergency in Rivers State and the approval by the National Assembly.
- To restrain the president and his agents from implementing the suspension of Governor Fubara, his deputy, and the members of the Rivers State House of Assembly.
- To prevent any interference with the execution of the constitutional and statutory duties of the governor and deputy governor of Rivers State, as well as their electoral mandate.
- To prevent the president from attempting to suspend any other governor in Nigeria, particularly those of the states represented by the plaintiffs, or from undermining their constitutional duties.
The case has raised significant constitutional questions and is expected to have implications for the relationship between the federal government and state governments in Nigeria.
