Seven PDP governors have dragged President Bola Tinubu and the National Assembly (NASS) to the Supreme Court over Governor Siminalayi Fubara’s suspension.
The governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara filed the suit, challenging Tinubu’s declaration of a state of emergency in Rivers. They argue the president lacked the constitutional authority to suspend Fubara, his deputy, and the Rivers State House of Assembly.
Tinubu declared the emergency on March 18, suspending Fubara and appointing a sole administrator to govern Rivers State. While NASS backed the move, PDP governors called it unconstitutional and politically motivated.
The plaintiffs, through their attorneys-general, cited Sections 1(2), 5(2), and 305 of the 1999 Constitution to argue that Tinubu’s action violated democratic principles. They also challenged NASS’s approval process, stating that a two-thirds majority vote was required to validate the emergency declaration.
The governors asked the Supreme Court to declare Fubara’s suspension illegal and restrain Tinubu from interfering in any governor’s tenure. They also want the court to nullify the appointment of a sole administrator in Rivers State.
PDP governors insisted that Tinubu’s move was an overreach of executive power and could set a dangerous precedent. They emphasised that no constitutional provision allows a president to suspend elected state officials, even during a state of emergency.
The lawsuit seeks multiple court orders, including one preventing Tinubu from suspending any other governor in Nigeria. The plaintiffs argue that upholding constitutional governance is critical for Nigeria’s democracy.
Legal experts believe the Supreme Court’s ruling on the case will significantly impact the balance of power between federal and state governments.
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