The governors from the People’s Democratic Party (PDP) have submitted a lawsuit to the Supreme Court contesting President Bola Tinubu’s imposition of a state of emergency in Rivers State.
On March 18, President Tinubu announced an emergency rule in Rivers State, invoking Section 305(5) of the 1999 Nigerian Constitution (amended version). He also removed Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state House of Assembly from their positions for a period of six months. Additionally, he appointed retired Vice-Admiral Ibok-Ete Ibas as the exclusive overseer of the state during this time.
The group of PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states asserted that the President does not have the authority under the constitution to suspend an elected governor and deputy governor. They maintained that appointing a single administrator for this purpose goes against constitutional principles.
As stated in legal papers, the governors aim to obtain a ruling confirming that the President’s steps contravene Sections 1(2), 5(2), and 305 of the 1999 Constitution (amended version).
They additionally argued that the President “has absolutely no authority or power to suspend a democratically elected governor and deputy governor of a state within the Nigerian Federation under the pretense or as a result of declaring a state of emergency.”
The governors are similarly contesting the state of emergency approved by the National Assembly, claiming that using a voice vote is unconstitutional since the legislation requires a two-thirds majority vote from all legislators in each chamber.
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In their filing with the court, the plaintiffs additionally contended that the emergency declaration failed to satisfy the constitutional criteria outlined in Section 305.
“The proclamation did not fulfill the required conditions and protocols for such an announcement and was issued for purposes outside of what is outlined in the mentioned constitutional clause,” stated the governors.
They are pursuing an injunction to invalidate the designation of Ibok-Ete Ibas as the exclusive overseer, arguing that this action is illegal and flagrantly breaches the Constitution. Additionally, they request that the court prohibit the President from making further efforts to remove other governors or impede their constitutionally mandated responsibilities.
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