PDP Governors Challenge Tinubu's Suspension of Rivers State Governor in Supreme Court

In a significant legal move, the Governors of the Peoples Democratic Party (PDP) have escalated their opposition to President Bola Tinubu's recent suspension of Rivers State Governor Siminalayi Fubara by filing a suit in the Supreme Court of Nigeria. The case arises from Tinubu’s controversial decision to impose a six-month suspension on Fubara, his deputy Ngozi Odu, and members of the Rivers State House of Assembly, following the declaration of a state of emergency in the state on March 18.

The crux of this legal challenge centers on the governors—representatives from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara States—questioning the president's constitutional authority to enact such a suspension. The suit names President Tinubu and the National Assembly as respondents, and it seeks to clarify the limits of presidential powers concerning elected officials.

Through their respective Attorney-Generals, the governors argue that the president overstepped his jurisdiction, asserting that the suspension of a democratically elected governor and deputy, along with the assembly, contravenes Sections 1(2), 5(2), and 305 of the amended 1999 Constitution. They contend that such actions compromise the core democratic principles enshrined in the nation’s foundational legal framework.

In their petition, the governors are calling for a declaration that Tinubu's suspensions are unconstitutional and unlawful. They express concerns that the president has historically lacked the statutory powers to appoint a sole administrator in place of a suspended governor and have moved to nullify the appointment made to govern Rivers State during this period of suspension.

The governors also challenge the National Assembly's support of the state of emergency declaration, claiming it was ratified through improper procedures, specifically a voice vote that undermines the constitutional requirement for a two-thirds majority.

In seeking remedies from the Supreme Court, the PDP governors are urging the judiciary to annul the state of emergency declaration and the subsequent actions taken by the president, as well as to enforce protections for their executive mandates. They are particularly insistent that any further interference with the execution of their duties—or attempts to suspend other governors—be prohibited.

As this pivotal case unfolds, it highlights the ongoing tensions between state and federal authorities in Nigeria and raises fundamental questions about the balance of power within the nation's democratic structures. 

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