Eleven PDP Governors have petitioned the Supreme Court to define the President’s authority in suspending Siminalayi Fubara, the democratically elected Governor of Rivers State, SAVANNAH NEWSNOW REPORTS.
The governors’ lawsuit also contested the Emergency rule declaration in Rivers State, and was filed with the Supreme Court on Tuesday, contrary to earlier reports that it had been filed previously.
The plaintiffs, comprising Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states, filed the suit via their state Attorney Generals, citing eight grounds. They requested the apex court to rule on whether the president has the authority to suspend a democratically elected state structure.
The plaintiffs also requested that the court decide whether President Bola Tinubu’s declaration of a state of emergency in Rivers State was made in a manner consistent with the 1999 constitution.
Can the President of Nigeria lawfully suspend or interfere with the offices of a Governor and Deputy Governor of any state and replace them with an unelected nominee as a Sole Administrator, under the guise of a State of Emergency proclamation, as per Sections 1(2), 5(2), 176, 180, 188 and 305 of the 1999 Constitution?
“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 in the suit are to within 14 days after the service of the Summons on them inclusive of the day of such service, cause an appearance to be entered for them.
