Eleven governors elected on the platform of the Peoples Democratic Party (PDP) have filed a suit at the Supreme Court, challenging the powers of the President to suspend a democratically elected Governor, particularly in reference to the situation in Rivers State involving Governor Siminalayi Fubara.
The suit, officially lodged before the apex court on Tuesday, also contests any purported plan or declaration of emergency rule in Rivers State.
The plaintiffs in the suit are the state governments of Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa, who filed the case through their respective Attorneys General.
The legal challenge is based on eight constitutional grounds, with the governors urging the Supreme Court to determine whether the President possesses the legal authority to suspend a sitting Governor or dissolve a duly elected state government and replace it with a Sole Administrator under the guise of a state of emergency.
Among the key issues raised for determination are:
- Whether, under Sections 1(2), 5(2), 176, 180, 188, and 305 of the 1999 Constitution (as amended), the President can suspend or interfere with the office of a Governor and Deputy Governor of any state, and install an unelected administrator in their place.
- Whether the President can suspend the House of Assembly of any state under the guise of a State of Emergency, considering Sections 1(2), 4(6), 11(4 & 5), 90, 105, and 305 of the Constitution.
- Whether threats made by the first defendant (acting on behalf of the President), suggesting that the President can suspend Governors or their Deputies through an emergency proclamation, do not violate the Constitution and undermine the principles of constitutional federalism.
The governors argue that such actions or pronouncements, if allowed, would erode the democratic foundations enshrined in Nigeria’s constitutional framework and set a dangerous precedent for executive overreach.
The suit lists relevant federal authorities as respondents, who are now expected to file their responses within 14 days from the date of service of the summons.