…Seek the apex court interpretation on section 305 , suspension of democratic structures and reversal of the proclamation
By Uzochukwu Maduike and Caleb Ishaya, Abuja
Governors’ of the Peoples Democratic Party ,PDP, have filed a lawsuit at the Supreme Court challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State.
You would recall that the emergency rule declared on March 18, 2025, led to the suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state House of Assembly for six months by President Tinubu, who also appointed immediately Vice-Admiral Ibok-Ete Ibas, Retd, as the Sole Administrator of Rivers State to pilot the affairs of Rivers State and report back to the Federal Executive Council , FEC. And the Sole Administrator has since sworn an oath of office and has since resumed office .
However, this singular decision of declaring a state of emergency over a political crisis came to many as a surprise but the suspension of the two legs of democracy in Rivers State have angst the majority of Nigerians including the Peoples Democratic Party, PDP Governors’ who pleaded with the President to rescind his proclamation but to no avail, hence the Governors’ have decided to approach the Supreme Court for an interpretation of the relevant section 305 (1 -6) which the President and his attorney general quoted as a constitutional provision backing the President’s action.
The PDP Governors’, comprising leaders from Bauchi, Adamawa, Akwa Ibom, Bayelsa, Oyo, Enugu, Osun, Plateau, and Zamfara states, have argued that the President lacks the constitutional power to suspend a democratically elected governor, deputy governor and the House of Assembly members. The Governors’ outrightly condemned also the appointment of a sole administrator as unconstitutional. To make matters worse, “the President has went ahead to release the withheld statutory monthly allocation to the SolAd against the orders of the Supreme Court”, Bauchi Gov said. The SolAd has since began to act after the National Assembly led by President of the Senate, Sen Godswill Akpabio and the Speaker of the House of Representatives , Hon Tajudeen Abas supported the Emergency Rule and suspension of democratic structures in the oil-rich State.
According to the court documents sighted by AljazirahNigeria, the plaintiffs are seeking a declaration that the president’s actions violate sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended). They asserted that the President has “No power 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”.
The Governors’ are also challenging the approval of the state of emergency by the National Assembly, arguing that the use of a voice votes is unconstitutional. They insisted that the Constitution of the Federal Republic of Nigeria mandates a two-thirds majority votes from all members each from the lower and upper legislative chambers.
In their submission to the court, the plaintiffs further argued that even the emergency proclamation did not meet the constitutional requirements set by Section 305.
“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”, the governors said.
They are seeking an order to nullify the appointment of Ibok-Ete Ibas as the sole administrator, declaring it unlawful and in gross violation of the constitution. Importantly, the Governors want the court to restrain the President from further attempts to suspend other governors or interfere with their constitutional duties as the Constitution have mapped out how a governor, deputy and House of Assembly members can be removed or suspended from office.
Many people have argued on jurisdiction and locus standing as the two technicalities that may hinder the interpretation of the substantive matter as witnessed in the case of former Governor Joshua Dariye of Plateau State ;as the Supreme Court ruled on technicalities in favour of the government of Obasanjo then.
However , legal luminaries, retired Justices of court of Appeals have advised that the only group or persons with the right locus standi are the Governors’ for it may affect them in the future. Also Arise TV analyst cum presenter, communication expert and lawyer by profession Dr Reuben Abati has advised the suspended Governor Fubara to pursue the case from the angle of breach of his fundamental human rights.
In the same vein, former Presidents Jonathan, Obasanjo; Mr Femi Falana, SAN; Prof Wole Soyinka, Nigerian Bar Association, Northern Elders Forum, HURIWA, PANDEF, PDP NWC, and over 300 civil society organizations have condemned the declaration of State of Emergency in Rivers State especially the suspension of democratic structures as a rape, abuse of power which should not be allowed to stand.
The Governors’ said that “They are determined to test the law for the sake of posterity”, hence they approached the Supreme Court, said the Buchi State Governor , who doubles as the Chairman of the PDP Governors’ Forum.
