PDP Governors Take Tinubu and National Assembly to Supreme Court Over Fubara’s Suspension

PDP Governors Challenge Tinubu and National Assembly at Supreme Court Over Fubara’s Suspension

A group of seven governors from states governed by the Peoples Democratic Party (PDP) has filed a lawsuit at the Supreme Court, contesting the six-month suspension of Rivers State Governor Siminalayi Fubara.

The lawsuit challenges the constitutionality of President Bola Tinubu’s decision to suspend Governor Fubara, his deputy Ngozi Odu, and members of the Rivers State House of Assembly following the declaration of a state of emergency on March 18. The suspension was accompanied by the appointment of a sole administrator to oversee the state, a move that received backing from the National Assembly.

However, governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states have questioned the legality of the president’s actions, arguing that Tinubu does not possess the constitutional authority to suspend a democratically elected governor and replace him with an appointed administrator.

The suit names President Tinubu and the National Assembly as respondents. Through their Attorneys-General, the governors have 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 under the guise of or pursuant to the proclamation of a state of emergency.” They cite Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended) as the basis for their claim.

Additionally, the governors argue that Tinubu’s suspension of the Rivers State House of Assembly is unconstitutional and beyond his legal powers. They contend that the removal of elected officials and the appointment of a sole administrator violate democratic principles and due process.

The plaintiffs also challenge the method used by the National Assembly to ratify Tinubu’s declaration of emergency, criticizing the use of a voice vote instead of a two-thirds majority vote, as required by Section 305 of the Constitution.

In their plea, the governors request the Supreme Court to:

• Nullify the proclamation of a state of emergency in Rivers State.
• Declare the suspension of Governor Fubara, his deputy, and the state legislators as unconstitutional and unlawful.
• Restrain President Tinubu and the National Assembly from enforcing the suspension or interfering in the constitutional duties of Rivers State’s elected officials.
• Prevent the President from attempting similar actions against governors of other states.

The case has now been brought before the Supreme Court, where the governors seek judicial intervention to restore constitutional order in Rivers State.