Governors from the Peoples Democratic Party (PDP) have filed a lawsuit at the Supreme Court challenging President Bola Tinubu’s decision to impose a state of emergency in Rivers State.
The president declared the emergency rule on March 18, invoking Section 305(5) of the 1999 Constitution. Along with this declaration, Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the Rivers State House of Assembly were suspended for six months. In their place, Retired Vice-Admiral Ibok-Ete Ibas was appointed as the state’s sole administrator.
However, several PDP governors, including those from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara, have taken the matter to court, arguing that Tinubu overstepped his constitutional powers. They contend that the president does not have the authority to suspend an elected governor and deputy governor, nor does he have the power to appoint a sole administrator to govern a state.
In their submission to the Supreme Court, the governors are asking for a ruling that declares the president’s actions unconstitutional. According to them, these actions violate sections 1(2), 5(2), and 305 of the 1999 Constitution, which outline the limits of executive power in such situations.
“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 stated in their legal documents.
They are also questioning the role of the National Assembly in approving the emergency rule. According to them, the approval process, which relied on a voice vote, did not follow proper legal procedures. They argue that the law requires a two-thirds majority vote from each chamber of the legislature for such a decision to be valid.
The governors are asking the court to declare the appointment of Ibok-Ete Ibas as sole administrator unlawful and to prevent the president from taking similar actions against other governors in the future. They insist that this case is about protecting democratic principles and preventing what they see as an unconstitutional overreach by the federal government.
