PDP Governors Head to Supreme Court Over Rivers State Emergency

Governors elected on the platform of the Peoples Democratic Party (PDP) have directed their legal teams to challenge the declaration of a state of emergency in Rivers State at the Supreme Court, TheCable reports. 

The lawsuit, set to be filed this week, lists the National Assembly as the second defendant.

On March 18, President Bola Tinubu declared a state of emergency in Rivers State, citing prolonged political turmoil and the vandalism of oil facilities. As part of the declaration, the president suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all members of the state House of Assembly for six months. He also appointed Ibok-Ete Ibas, a retired vice-admiral, as the state’s sole administrator.

Both chambers of the National Assembly controversially approved the emergency declaration on Thursday.

In a virtual meeting on Wednesday, PDP governors resolved to challenge the president’s decision in court. The suit is being initiated by PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states.

However, Fubara himself is unable to join the case due to a prior Supreme Court ruling, which requires him to obtain authorization from the current administration in Rivers State—a situation deemed impossible since the state is now under an administrator who reports directly to the president.

The governors are asking the court to declare that, under 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 seeking a declaration that the president lacks the constitutional authority to suspend a democratically elected House of Assembly under Sections 192 (4) (6) and 305 of the 1999 Constitution (as amended).

The plaintiffs contend that the suspension of Fubara, his deputy, and members of the Rivers State Assembly is “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 also challenging the appointment of a sole administrator for Rivers State, arguing that the president does not have the constitutional power to make such an appointment. As a result, they are seeking a court ruling to nullify Ibok-Ete Ibas’ appointment.

According to the plaintiffs, the declaration of a state of emergency in Rivers State did not comply with the requirements outlined in Section 305 of the 1999 Constitution. They argue that the proclamation failed to meet the constitutional conditions and procedures for such a declaration and was made for reasons beyond those specified in the law.

The governors 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 seeking.

“An order of this honourable court restraining the defendant, by himself, his 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, his 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 remains uncertain whether the PDP governors have the legal standing to pursue the case, as none of them are directly affected by the emergency declaration.

However, sources close to the governors say they are determined to test the law “for the sake of posterity.”

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