Court Intervention Sought As PDP Governors Fight To Keep Opposition Leaders Safe From Suspension

The PDP governors are contesting the six-month suspension imposed on Fubara, his deputy, Ngozi Odu, and the members of the Rivers State House of Assembly, arguing that it is unconstitutional. They assert that the suspension of the elected officials, along with the appointment of a Sole Administrator for the state, violates constitutional provisions and represents an overreach of federal power.

Court documents show that the governors are questioning the legality of President Bola Tinubu’s actions, claiming they infringe upon key sections of Nigeria’s Constitution, particularly Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended). The governors argue that these constitutional provisions do not grant the President the authority to impose such suspensions.

The PDP governors are seeking a ruling from the Supreme Court declaring the suspension unlawful and ordering the reinstatement of Governor Fubara and his deputy. They are also requesting that the court restrain the President from attempting to suspend any other governor, especially those from opposition parties.

Additionally, they want the court to annul the appointment of the Sole Administrator, which they believe is unconstitutional.

In their legal challenge, the governors argue that President Tinubu’s declaration of a state of emergency in Rivers State did not meet the necessary constitutional conditions and procedures. They contend that the reasons for the proclamation are not in line with those specified in the Constitution, rendering the process flawed.

The governors also criticized the National Assembly for approving the state of emergency via a voice vote, arguing that this was invalid. They claim the Constitution requires a two-thirds majority vote from both chambers of the legislative body for such a decision to be valid.

As part of their legal action, the PDP governors are seeking the following orders from the Supreme Court:

1. Nullification of the State of Emergency: The governors want the court to nullify the state of emergency in Rivers State, arguing it was improperly declared by the President and approved by the National Assembly.

2. Injunction Against Suspension Implementation: They seek an order restraining the President and his agents from enforcing the unlawful suspension of the governor and deputy governor.

3. Protection of Constitutional Duties: The governors request that the court prevent the President from interfering with the governor and deputy governor’s constitutional and statutory duties, as well as their electoral mandate.

4. Prevention of Future Suspensions: The PDP governors also seek an order barring the President from attempting to suspend any other governor, particularly those from opposition parties.