₦airaland Forum

Eleven Governors of the Peoples Democratic Party (PDP) have approached the Supreme Court challenging what powers the president has to suspend the democratically elected Governor of Rivers State, Siminalayi Fubara.

The suit filed by the Governors also challenged the declaration of Emergency rule in Rivers State.

While the media previously reported that the suit had been filed before the Supreme Court, the Governors’ suit was only filed before the apex court on Tuesday.

The plaintiffs in the suit are – Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.

The plaintiffs, who filed the suit through their state Attorney Generals, predicated the summons on Eight grounds. They urged the apex court to determine if the president has the power to suspend a democratically elected structure of a state.

The plaintiffs also asked the court to determine if the way and manner President Bola Tinubu pronounced the state of emergency declaration in Rivers State is not in contravention of the 1999 constitution.

They further prayed the court to determine the following: “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?”

Meanwhile, 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.

Penguin2:
Can the Supreme Court show courage and salvage herself or would they dismiss the suit on preliminary objections as they did under Obasanjo?

FG lawyers could argue that the governors are meddlesome interlopers as none of their states was affected by a State of Emergency declaration.

We will be watching.

fergie001:
SOURCE

Barrywilly:
Exercise in futility. They lack the locus standi to institute the case. Can't Sim Fubara challenge the state of emergency by himself? Why waiting for meddlesome interlopers and outsiders like the PDP governors to do your dirty work?

Barrywilly:
Exercise in futility. They lack the locus standi to institute the case. Can't Sim Fubara challenge the state of emergency by himself? Why waiting for meddlesome interlopers and outsiders like the PDP governors to do your dirty work?

IamANigerianMan:
This CJN is very corrupt to be there, why waste your time

ElevationD:
That’s the right way to go.
This has taken many years to be challenged. Let’s hear the interpretation of the supreme court.

This will help not just the affected governor(s), but the whole governors in the country. Today it is APC in power at the federal level, if another party holds federal power tomorrow, the Supreme Court interpretation will sort it out, if it repeats itself.