Seven governors of the Peoples Democratic Party (PDP) have Instituted a suit before the Supreme Court of Nigeria, challenging the six months suspension of the Rivers State governor, Siminalaye Fubara.
The governors of Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara, are questioning what powers the President has to carry out such action (suspension).
Mentioned as respondents in the suit are President Bola Tinubu and the National Assembly.
The seven state governors, who termed the suspension as unconstitutional, through their Attorneys-Generals, urged the Supreme Court to declare that “the President has no powers whatsoever or
authority 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 in any state of the federation, including the states represented by the plaintiffs.” based on the provisions of sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
The governors also urged the apex court to declare that the president has no powers to suspend a democratically elected House of Assembly of a state pursuant to Sections 192 (4) (6) and 305 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
The appellants (seven state governors) sought a declaration that “the suspension of Governor Siminalaye Fubara, his deputy, and members of the Rivers State House of Assembly was unconstitutional, unlawful, and in gross violation of the provisions of the 1999 Constitution (as amended)”.
The governors argue that President Tinubu lacks the statutory powers to suspend a serving governor and appoint a Sole Administrator in his stead.
The governors urged the Supreme Court to nullify the appointment of the Sole Administrator appointed to govern the affairs of Rivers State.
They challenged the constitutionality of the voice votes used by the National Assembly to ratify President Tinubu’s actions.
