Governors of the Peoples Democratic Party (PDP) have filed a lawsuit at the Supreme Court challenging the emergency rule in Rivers State.
On March 18, President Bola Tinubu declared the emergency rule, suspended Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state House of Assembly for six months.
He announced retired Vice-Admiral Ibok-Ete Ibas as the sole administrator of the state.
The PDP Governors in the suit are seeking a declaration that the president’s actions violate sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
According to them, the president has “no powers whatsoever or vires to suspend a democratically elected governor and deputy governor of a state in the federation of Nigeria under the guise of or pursuant to the proclamation of a state of emergency.”
They are also challenging the National Assembly for granting approval for the state of emergency, saying the use of a voice vote was unconstitutional as the law mandates two-thirds majority vote from all members of each legislative chamber.
They argued that the emergency declaration did not satisfy the constitutional requirements set by Section 305.
“The proclamation failed to meet the stipulated conditions and procedures for such a declaration and was made for reasons beyond those specified in the said constitutional provision,” the governors contend.
They are seeking an order to nullify the appointment of Ibok-Ete Ibas as the sole administrator, declaring it unlawful and in gross violation of the constitution. Additionally, they want the court to restrain the president from further attempts to suspend other governors or interfere with their constitutional duties.
They said the president lacks the constitutional power to suspend a democratically elected governor and deputy governor, adding that they also contend that the appointment of a sole administrator is unconstitutional.
