PDP Govs drag Tinubu to Supreme Court over emergency rule in Rivers
The Governors of the Peoples Democratic Party (PDP) have taken legal action against President Bola Ahmed Tinubu at the Supreme Court, contesting his recent declaration of a state of emergency in Rivers State. This declaration, made on March 18, led to the suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state House of Assembly for a duration of six months. The president appointed Retired Vice-Admiral Ibok-Ete Ibas as the sole administrator of the state.
The PDP governors, who represent Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states, argue that President Tinubu does not have the constitutional authority to suspend a democratically elected governor and deputy governor. They assert that the appointment of a sole administrator is also unconstitutional.
According to the legal documents filed, the governors contend that the president’s actions breach sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended). They emphasize that the president lacks any legitimate power to take such measures under the pretext of a state of emergency.
Additionally, the governors are challenging the approval of the state of emergency by the National Assembly, stating that the use of a voice vote in this context is unconstitutional, as the law requires a two-thirds majority from all members in both legislative chambers.
In their court submission, the plaintiffs argue that the emergency proclamation did not fulfill the constitutional criteria laid out in Section 305. They claim it was made under circumstances that fall outside those defined in the constitution.
The governors are seeking a judicial order to annul the appointment of Ibok-Ete Ibas as sole administrator, deeming it unlawful and in severe violation of the constitution. They also request that the court prevent the president from making further attempts to suspend other governors or interfere with their constitutional roles.
Source: Daily Trust
