The Federal Government has officially received a legal suit filed by 11 governors from the Peoples Democratic Party (PDP), who are contesting the state of emergency declared in Rivers State by President Bola Tinubu.
A reliable source from the Federal Ministry of Justice in Abuja, speaking anonymously due to restrictions on sharing information, confirmed to PUNCH that the suit had officially been served to the Attorney General of the Federation and Minister of Justice.
The legal action was brought by the governors of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States. These governors are questioning the constitutionality of President Tinubu’s March 18 declaration, which placed Rivers State under a state of emergency, suspended the Governor Siminalayi Fubara, his Deputy Ngozi Odu, and the entire State House of Assembly for an initial period of six months.
While reports in the media earlier suggested that the suit had already been filed, it was confirmed that the suit was only filed late on Tuesday. With the lawsuit now officially in place, the Federal Government has 14 days to respond to the legal challenge.
The 11 PDP governors are asking the Supreme Court to consider several constitutional issues surrounding the power of the President to dissolve the government of an elected state. Specifically, the suit raises concerns over the following questions:
“Whether, upon a proper construction of Sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Constitution, the President can lawfully suspend or interfere with the offices of a Governor and Deputy Governor of any of the 36 states, and replace them with an unelected nominee as a Sole Administrator, under the guise of a state of emergency.”
Another critical question posed by the plaintiffs is: “Whether, based on Sections 1(2), 4(6), 11(4) & (5), 90, 105, and 305 of the Constitution, the President can suspend a State House of Assembly under the pretext of declaring a state of emergency.”
Furthermore, the governors argue that the state of emergency declaration presents a “threat” to constitutional federalism, questioning whether the President’s actions undermine the principles outlined in the Constitution by suggesting that elected officials could be replaced by an unelected Sole Administrator.
