ENUGU, Nigeria (VOICE OF NAIJA)- A coalition of seven governors from the Peoples Democratic Party (PDP) has taken legal action against President Bola Tinubu and the National Assembly, challenging the suspension of Rivers State Governor Siminalayi Fubara.
The governors representing Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara have filed a suit at the Supreme Court, arguing that the President has no constitutional authority to suspend a serving governor or appoint a sole administrator in his place.
The governors, through their respective Attorneys-General, are seeking a declaration from the Supreme Court that President Tinubu’s actions violate key sections of the 1999 Constitution (as amended), including Sections 1(2), 5(2), and 305.
According to the court filings, the governors assert 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.
“The President lacks the constitutional power to suspend a democratically elected House of Assembly pursuant to Sections 192 (4) (6) and 305 of the Constitution.
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“The suspension of governor Fubara, his deputy, and members of the Rivers State House of Assembly was unconstitutional, unlawful, and in gross violation of the provisions of the 1999 Constitution.”
The plaintiffs also contend that the President’s appointment of a sole administrator to govern Rivers State is null and void.
The PDP governors argue that the state of emergency declared in Rivers State did not meet the constitutional conditions outlined in Section 305 of the 1999 Constitution.
They claim the declaration was politically motivated rather than based on genuine threats to public safety, according to Channels TV.
“The approval of the state of emergency via a voice vote in the National Assembly is invalid,” the plaintiffs argue, emphasizing that the Constitution mandates a two-thirds majority vote in both legislative chambers.
The governors are requesting the Supreme Court to issue the following orders: Nullification of the state of emergency in Rivers State as declared by President Tinubu and ratified by the National Assembly, an order restraining the President from enforcing the suspension of Governor Fubara and his deputy, an injunction preventing the President and his agents from interfering in the constitutional duties of the Rivers State government and a ruling barring the President from suspending any other state governor in Nigeria.
Governor Siminalayi Fubara, his deputy Ngozi Odu, and the Rivers State House of Assembly members were suspended for six months following the President’s declaration of a state of emergency on March 18, 2025.
In their place, the President appointed a sole administrator to oversee the state’s affairs. The National Assembly subsequently endorsed this move, a decision that has now sparked intense legal and political debate.
The suspension has drawn widespread criticism from legal and political stakeholders.
Meanwhile, the Nigerian Bar Association (NBA) has denounced the move as unconstitutional, while former Rivers State Governor Rotimi Amaechi has labeled it a “clear violation of the Constitution.”