PDP Govs Challenge Tinubu’s Emergency Rule In Rivers At Supreme Court

STATE Governors elected on the platform of the Peoples Democratic Party (PDP) have filed a suit at the Supreme Court challenging President Bola Tinubu’s proclamation of a state of emergency in Rivers State.
Recall that Tinubu, on March 18, declared emergency rule in Rivers State, relying on Section 305(5) of the 1999 Constitution of Nigeria (as amended), and suspended Governor Siminalayi Fubara, his Deputy, Mrs. Ngozi Odu, and all members of the state House of Assembly for six months.
He subsequently appointed a former Naval chief, Vice-Admiral Ibok-Ete Ibas (rtd) as Sole Administrator of the state.
But the PDP governors argued that the President lacks the constitutional power to suspend a democratically-elected governor and deputy governor; hence his appointment of a sole administrator is unconstitutional.
According to court documents, the governors are seeking a declaration that the President’s actions violated Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended), insisting he has “no powers whatsoever or vires 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.”
The governors are also challenging the approval of the state of emergency by the National Assembly, arguing that the use of a voice vote is unconstitutional, as the law mandates a two-thirds majority vote from all members of each legislative chamber.
In their submission, the governors argued that the emergency proclamation did not meet the constitutional requirements set by Section 305, noting: “The proclamation failed to meet the stipulated conditions and procedures for such a declaration and was made for reasons beyond those specified in the said constitutional provision.”
The PDP governors are seeking an order to nullify Ibas’ appointment as the sole administrator, declaring it unlawful and in gross violation of the Constitution, as well as an order restraining the President from further attempts to suspend other governors or interfere with their constitutional duties.