In a bold legal move, seven Governors of the Peoples Democratic Party (PDP) have filed a suit before the Supreme Court of Nigeria, challenging the six-month suspension of Rivers State Governor, Siminalaye Fubara. The PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara are questioning the legality of the suspension, asserting that President Bola Tinubu lacks the constitutional authority to suspend a democratically elected governor.
The seven governors, through their Attorneys-General, argue that the suspension of Governor Fubara, along with his deputy and the members of the Rivers State House of Assembly, is a violation of the Constitution of the Federal Republic of Nigeria. The governors contend that the action is unconstitutional and beyond the powers of the President.
At the heart of the suit is the question of whether the President, in the context of a declared state of emergency, possesses the authority to remove a sitting governor or deputy governor, as well as suspend an elected state House of Assembly. In the legal suit, which has President Tinubu and the National Assembly as respondents, the appellants contend that such powers do not exist within the framework of Nigeria’s Constitution.
The plaintiffs are calling on the Supreme Court to issue a declaration affirming that the President has no power to suspend a democratically elected governor or deputy governor, especially under the guise of a state of emergency. They argue that the president action goes against the provisions outlined in sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
Furthermore, the governors are seeking a ruling to declare that the suspension of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is unlawful, unconstitutional, and in direct violation of Nigeria’s Constitution. They contend that President Tinubu’s actions are a gross overreach of executive powers and have urged the court to nullify the appointment of a Sole Administrator to govern Rivers State in place of the suspended officials.
The case brings to the fore the delicate balance of powers between the executive and state governments in Nigeria, and the role of the judiciary in ensuring that constitutional provisions are upheld.
The suit raises critical questions about the powers of the federal government over state governments and the legal procedures that must be followed when declaring a state of emergency or making decisions that impact the governance of a state.
As the case moves forward, all eyes are on the Supreme Court to provide clarity on the legal framework surrounding the suspension of a sitting governor and the executive authority of the President in such matters. The outcome of this case could have significant implications for the relationship between Nigeria’s federal government and the state governments, and set important precedents for the protection of democratic governance across the country.
