11 PDP governors challenge Fubara’s suspension at Supreme Court
Eleven governors of the Peoples Democratic Party, through their state attorneys, on Tuesday filed a suit challenging the suspension of Rivers State Governor, Siminalayi Fubara.
Governors of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states filed a suit contesting the suspension of the Rivers State governor, Mr Fubara, by President Bola Tinubu in March.
The plaintiffs in the suit urged the apex court to determine whether the president has the power to suspend a democratically elected structure of a state.
They asked the apex court to determine if the manner in which a state of emergency was declared in Rivers State—leading to the suspension of Mr. Fubara and other state executives—was not in contravention of the 1999 Constitution.
The governors further prayed the court to determine: “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.”
They also asked the court to determine and interpret: “Sections 1(2), 4(6), 11(4) & (5), 90, 105 and 305 of the 1999 Constitution of the Federal Republic of Nigeria, [to determine] if the president 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?”
Meanwhile, the respondents in the suit are, within 14 days after the service of the summons on them (inclusive of the day of such service), required to cause an appearance to be entered on their behalf.
In a shocking move that most legal scholars in Nigeria deemed to be an unconstitutional act, Mr Tinubu announced the suspension of Mr Fubara, a PDP governor, his deputy Ngozi Odu and Rivers House of Assembly members for a six-month period over claims of political instability in the state.
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