PDP Governors Supports Fubara Challenges Tinubu At S’ Court

A group of 11 governors from the Peoples Democratic Party (PDP) have filed a lawsuit with the Supreme Court, challenging President Bola Tinubu authority to suspend a democratically elected state government structure. The governors are questioning the President’s decision to declare a state of emergency in Rivers State, suspend Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the entire state House of Assembly, and appoint Vice Admiral Ibok Ete Ibas (retd.) as sole administrator ¹.

Background of the Crisis
The crisis in Rivers State began when President Tinubu declared a state of emergency on March 18, citing unrest and instability in the state. The President suspended Governor Fubara and appointed Vice Admiral Ibas as sole administrator for an initial period of six months. The National Assembly later ratified the suspension and emergency declaration.

The Governors’ Petition
The 11 PDP governors, from Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states, argue that the President’s actions contravene the 1999 Constitution. They are asking the Supreme Court to determine whether the President Tinubu has the power to suspend a democratically elected state government structure and whether the emergency declaration in Rivers State was lawful.

Key Issues in Dispute

• Presidential Powers: The governors question the President Tinubu authority to suspend a state government and appoint a sole administrator.
• Constitutional Interpretation: The court is asked to interpret relevant sections of the 1999 Constitution, including Sections 1(2), 5(2), 176, 180, 188, and 305.
• Federalism and Autonomy: The case raises concerns about the balance of power between the federal government and states, as well as the autonomy of state government. Tinubu and Governors

Questions for the Supreme Court to Determine

• “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?”

Statements from Officials

• “We haven’t seen it,” – Response from a state counsel at the Ministry of Justice when asked if the Attorney General had been served with the PDP Governors suit.
• “Here at the Ministry of Justice, we have yet to be served with the governors’ suit that they said they filed before the Supreme Court to challenge Fubara’s suspension. Immediately after we heard about the suit, we prepared our response. We have our response ready because for three days we started reading books to prepare but we have yet to be served. We are still waiting,” – A state counsel in the Federal Ministry of Justice.

Recent Developments
In a related development, Vice Admiral Ibas has approved the appointment of administrators for the 23 Local Government Areas of Rivers State, despite a Federal High Court order restraining him from doing so. This move has sparked controversy and raised questions about the rule of law and the legitimacy of the sole administrator’s actions.