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PDP Governors Challenge Fubara’s Suspension at Supreme Court

The governors—representing Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara States—are questioning the constitutional basis of the President’s authority to suspend a democratically elected governor.

In the suit, filed through their Attorneys-General, they urged the Supreme Court to declare that the President lacks the power to suspend a governor, deputy governor, or state legislature under the guise of a state of emergency. They cited Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended) to back their argument.

The suit lists President Tinubu and the National Assembly as respondents. The governors are also challenging the appointment of a Sole Administrator to oversee Rivers State, arguing that it violates constitutional provisions. They further contended that the state of emergency declared in Rivers State did not follow due process, emphasizing that the National Assembly’s approval via voice vote was unconstitutional, as a two-thirds majority is required.

The plaintiffs are seeking several reliefs, including:

A declaration that Fubara’s suspension, along with that of his deputy and the Rivers State House of Assembly, is unconstitutional.

An order nullifying the proclamation of a state of emergency in Rivers State.

An injunction preventing the President from suspending any other governor or interfering in the functions of elected state officials.

Governor Fubara, his deputy, Ngozi Odu, and members of the Rivers House of Assembly were suspended for six months on March 18 following the state of emergency declaration, with a Sole Administrator appointed to manage the state’s affairs during the period. The National Assembly had backed the President’s decision.

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