The decision by the Peoples Democratic Party (PDP) governors to challenge the suspension of Rivers State Governor, Siminalayi Fubara, in the Supreme Court has reignited a crucial debate on Nigeria’s federalism and the power dynamics between the federal government and state authorities.
The PDP governors are contesting the six-month suspension imposed on Fubara, his deputy, Ngozi Odu, and the members of the Rivers State House of Assembly, which they deem unconstitutional.
The governors argue that the suspension of the elected officials, along with the appointment of a Sole Administrator for the oil-rich state, is a breach of constitutional provisions and an undue exercise of federal power.
According to court documents, the governors are challenging the legality of the actions taken by President Bola Tinubu, which they claim violate key sections of Nigeria’s Constitution, including Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
They argue that the Constitutional provisions cited by the President do not grant him the powers he exercised when suspending the governor, deputy governor, and the House of Assembly members.
The PDP governors are urging the Supreme Court to declare the suspension unlawful and reinstate Governor Fubara and his deputy, while asking the court to restrain the President from attempting to suspend any other governor, especially those not belonging to the ruling political party.
They also want the court to nullify the appointment of the Sole Administrator, which they contend is unconstitutional.
In their legal action, Naija News reports that the governors contended that President Tinubu’s declaration of a state of emergency in Rivers State failed to meet the stipulated conditions and procedures for such a declaration.
They argue that the proclamation was made for reasons outside those specified in the Constitution, and as such, the process was flawed.
The governors also criticised the National Assembly for approving the state of emergency via a voice vote, which they argued was invalid.
According to the PDP governors, the Constitution requires that a two-thirds majority vote of members from each chamber of the legislative body be secured for such a decision to be valid.
As part of their legal challenge, the PDP governors are seeking the following orders from the Supreme Court:
Nullification of the State of Emergency: They are asking the court to nullify the proclamation of a state of emergency in Rivers State, which they claim was wrongfully made by the President and approved by the National Assembly.
Injunction Against Implementation of the Suspension: They seek an order restraining the President, his servants, agents, and privies from implementing the unlawful suspension of the governor and deputy governor of Rivers State.
Protection of Constitutional and Statutory Duties: The governors are requesting the court to restrain the President from interfering with the execution of the constitutional and statutory duties of the governor and deputy governor, as well as their electoral mandate.
Preventing Future Suspensions: The PDP governors also seek an order to restrain the President from attempting to suspend any other governor in Nigeria, particularly those not aligned with the ruling party.
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