The suit, to be filed at the supreme court this week, names the national assembly as the second defendant.
Governors under the Peoples Democratic Party (PDP) will challenge
President Bola Tinubu's state of emergency declared in Rivers State.
This comes after the governors instructed lawyers to file a suit
against the president to challenge the declaration of emergency rule in
Rivers state.
According to TheCable, the suit, to be filed at the supreme court
this week, names the national assembly as the second defendant.
On March 18, President Bola Tinubu declared a state of emergency in
the south-south state, citing the prolonged political crisis and
vandalisation of oil installations.
The president suspended Siminalayi Fubara, governor of the state;
Ngozi Odu, his deputy; and all house of assembly members for six months.
Tinubu also appointed Ibok-Ete Ibas, a retired vice-admiral, as the sole administrator for Rivers.
On Thursday, the senate and the house of representatives controversially approved Tinubu’s request for the emergency rule.
The PDP governors vowed to challenge the emergency rule in court at its virtual meeting on Wednesday.
PDP GOVERNORS GO TO SUPREME COURT
The suit will be initiated by PDP governors from Bauchi, Adamawa,
Bayelsa, Enugu, Osun, Plateau, and Zamfara states, TheCable can report.
As already reported by TheCable, based on a previous ruling of the
country’s highest court, Fubara is unable to join the suit because he
would need authorisation from the current administration in Rivers — a
clear impossibility as the administrator reports directly to the
president who is being sued by the PDP governors.
They are praying the court to declare that based on the provisions of sections 1(2), 5(2), and 305 of the constitution “the
President of the Federal Republic of Nigeria has no powers whatsoever
or vires to suspend a democratically elected governor and deputy
governor of a state in the federation of Nigeria under the guise of or
pursuant to the proclamation of a state of emergency in the state of the
federation by the president, including the states of the federation
represented by the plaintiffs”.
They are also praying the court to declare that the president has
no power to suspend a democratically elected house of assembly of a
state pursuant to Sections 192 (4) (6) and 305 of the Constitution of
the Federal Republic of Nigeria 1999 (as amended).
The plaintiffs also want the apex court to declare the suspension
of Fubara, his deputy and members of the Rivers state assembly
“unconstitutional, unlawful, illegal and utterly in gross violation of
the provisions of the Constitution of the Federal Republic of Nigeria
1999 (as amended)…”
The governors are challenging the appointment of a sole
administrator for the state, asserting that the president lacks the
constitutional power to make such an appointment. Consequently, they
seek the court’s ruling to nullify Ibok-Ete Ibas’ appointment as Rivers
state’s sole administrator.
The plaintiffs argue that the defendant’s declaration of a state of
emergency in Rivers State did not comply with the constitutional
requirements set by Section 305 of the 1999 Constitution of the Federal
Republic of Nigeria (as amended).
They assert that the proclamation failed to meet the stipulated
conditions and procedures for such a declaration and was made for
reasons beyond those specified in the said constitutional provision.
They further argue that the national assembly’s approval of the
state of emergency via a voice vote is invalid, insisting that the
constitution mandates a two-thirds majority vote from all members of
each legislative chamber.
“An order of this honourable court nullifying the proclamation
of a state of emergency in Rivers state made by the 1st defendant and
wrongfully approved by the 2nd defendant,” the plaintiffs are further
seeking.
“An order of this honourable court restraining the defendant,
by himself, servants, agents and privies from implementing the unlawful
suspension of the governor and deputy governor of Rivers state.
“An order of this honourable court restraining the defendant,
by himself, servants, agents and privies from interfering in any manner
whatsoever with the execution by the governor and deputy governor of
Rivers state of their constitutional and statutory duties, as well as
their electoral mandate.
“An order of this honourable court restraining the Defendant
from attempting the suspension of any other governor of any state in
Nigeria, particularly the plaintiffs and any governor not belonging to
the ruling political party, or in any manner whatsoever attempting to
interfere with or undermine their constitutional and statutory duties.”
It is unclear if the governors have the locus standi to institute
the suit as none of them is affected by the state of emergency.
But insiders say they are determined to test the law “for the sake of posterity”.
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