Eleven Governors from the Peoples Democratic Party (PDP) have taken their case to the Supreme Court, questioning the extent of the president’s authority to suspend the democratically elected Governor of Rivers State, Siminalayi Fubara.
The lawsuit also challenges the imposition of an emergency rule in Rivers State.
Although it was previously reported that the suit had been filed, it was only officially submitted to the Supreme Court on Tuesday.
The governors involved in the case represent the states of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa.
Filed through the states’ Attorney Generals, the plaintiffs raised eight grounds for the summons. They are asking the court to determine whether the president has the power to suspend a democratically elected state government.
Additionally, the plaintiffs seek clarification on whether President Bola Tinubu’s declaration of a state of emergency in Rivers State violates the 1999 Constitution.
They further prayed the court to determine the following: “Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend or in any manner whatsoever interfere with the offices of a Governor and the Deputy Governor of any of the component 36 States of the Federation of Nigeria and replace same with his own unelected nominee as a Sole Administrator, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of the State of the Federation, particularly in any of the Plaintiffs States?
“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.