Supreme Court confirms PDP Governors file suit, the second by defenders of democracy
By Jeph Ajobaju, Chief Copy Editor
Governors in the Peoples Democratic Party (PDP) have filed a suit at the Supreme Court to challenge the power Bola Tinubu claims to have as President to suspend Rivers Governor Simi Fubara and to shelve other democratic structures in the state.
The suit, which the top court confirmed was filed on Tuesday, also challenges Tinubu’s declaration of a state of emergency in Rivers where he appointed a retired naval officer as a Sole Administrator.
It is the second suit on the Rivers fracas, coming after the one at the Federal High Court in Port Harcourt filed by Belema Briggs and others, which hearing has been fixed for May 21.
The PUNCH reports that the latest filing was confirmed to it by Supreme Court Director of Information and Public Relations, Festus Akande, saying report of an earlier date of filing by 11 PDP Governors was not accurate.
Tinubu on March 18 declared emergency rule in Rivers, suspended Fubara, Deputy governor, Ngozi Odu, and all elected state Assembly members for an initial six months.
He appointed Ibok Ete Ibas (a retired Vice Admiral) as the Sole Administrator to oversee the affairs of state during the period of the suspension.
All the pronouncements were rubber-stamped by the National Assembly (NASS).
Fubara is a member of the PDP, and that prompted his 11 fellow PDP Governors – of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa – to approach the Supreme Court to determine, among other issues:
- Whether Tinubu as President has the power to suspend a democratically elected structure of a state.
- Whether the way and manner he pronounced the state of emergency in Rivers is not in contravention of the Constitution.
- “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?”
The respondents in the suit are to within 14 days after the service of the summons on them, inclusive of the day of such service, cause an appearance to be entered for them, according to Supreme Court rules.
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Court fixes May 21 to hear lawsuit on Tinubu’s suspension of Fubara as Rivers Governor
