Eleven governors elected on the platform of the Peoples Democratic Party (PDP) have filed a suit before the Supreme Court, challenging the constitutional powers of President Bola Tinubu to suspend a democratically elected governor and impose emergency rule in any state, particularly Rivers State.
The suit, which was officially filed on Tuesday by the Attorneys General of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States, seeks a definitive interpretation of the limits of presidential powers under the 1999 Constitution.
The governors are specifically questioning whether the president can lawfully interfere with the offices of a sitting governor or deputy governor, or appoint a sole administrator, under the guise of declaring a state of emergency.
They are also challenging the legality of suspending any State House of Assembly through such a declaration, citing provisions from Sections 1(2), 4(6), 5(2), 11(4), 11(5), 90, 105, 176, 180, 188 and 305 of the Constitution.
The governors argued that any such action would amount to an abuse of power and a violation of constitutional federalism. They emphasized that the reported threat to suspend Governor Siminalayi Fubara of Rivers State and impose an emergency administration is unconstitutional and sets a dangerous precedent.
The suit lists the Federal Government and relevant parties as respondents, who have been given 14 days from the date of service to enter an appearance.
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