A group of eleven governors from the Peoples Democratic Party (PDP) has filed a suit at the Supreme Court questioning the authority of President Bola Tinubu to suspend the democratically elected Governor of Rivers State, Siminalayi Fubara.
The suit, also challenging the declaration of a state of emergency in Rivers State, was officially filed on Tuesday, despite earlier reports indicating the case had already been submitted to the apex court. The governors represent Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.
The governors, through their respective state Attorney Generals, are seeking clarification from the court on several constitutional matters. The suit raises eight key issues, primarily questioning the extent of presidential powers in suspending a state’s elected officials.
One of the central issues in the suit is whether the President has the constitutional authority to suspend the offices of a state’s Governor and Deputy Governor or replace them with an unelected Sole Administrator under the pretext of declaring a state of emergency. The plaintiffs argue that such actions, particularly in the context of Rivers State, may violate the 1999 Constitution.
The plaintiffs are also seeking the court’s interpretation on the following points:
Presidential authority over state executives: Can the President, under a state of emergency proclamation, lawfully remove or interfere with the offices of a Governor and Deputy Governor in any of the 36 states, replacing them with a Sole Administrator?
Suspension of State Assemblies: Can the President lawfully suspend the House of Assembly of any state within the federation under a state of emergency declaration?
Threats of Presidential interference: Is the President’s assertion that the offices of Governors and Deputy Governors could be suspended under a state of emergency consistent with the constitutional principles of federalism?
The plaintiffs are asking the Supreme Court to rule on these matters, with the intention of safeguarding the constitutional rights of states against what they perceive as executive overreach.
The respondents in the case are required to respond to the suit within 14 days, beginning from the day the summons are served.
