Eleven Governors elected under the Peoples Democratic Party (PDP) have gone to the Supreme Court to challenge President Bola Tinubu’s power to suspend Governor Siminalayi Fubara of Rivers state.
The suit filed by the governors on Tuesday also challenged the declaration of emergency rule in the oil-rich state.
The plaintiffs are Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.
They filed the suit through their state Attorney Generals on eight grounds. They urged the apex court to determine if the president has the power to suspend a democratically elected structure of a state.
They also asked the court to determine if the way and manner President Bola Tinubu pronounced the state of emergency declaration in Rivers State is not in contravention of the 1999 constitution.
The 11 governors 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?”
The respondents in the suit are within 14 days after the service of the Summons on them inclusive of the day of such service, causing an appearance to be entered for them.
