EXCLUSIVE: PDP governors head for supreme court over Rivers emergency rule

Governors under the Peoples Democratic Party (PDP) have instructed lawyers to file a suit against the president to challenge the declaration of emergency rule in Rivers state, TheCable understands.

The suit, to be filed at the supreme court this week, names the national assembly as the second defendant.

On March 18, President Bola Tinubu declared a state of emergency in the south-south state, citing the prolonged political crisis and vandalisation of oil installations.

The president suspended Siminalayi Fubara, governor of the state; Ngozi Odu, his deputy; and all house of assembly members for six months.

Tinubu also appointed Ibok-Ete Ibas, a retired vice-admiral, as the sole administrator for Rivers.

On Thursday, the senate and the house of representatives controversially approved Tinubu’s request for the emergency rule.

The PDP governors vowed to challenge the emergency rule in court at its virtual meeting on Wednesday.

PDP GOVERNORS GO TO SUPREME COURT 

The suit will be initiated by PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states, TheCable can report.

As already reported by TheCable, based on a previous ruling of the country’s highest court, Fubara is unable to join the suit because he would need authorisation from the current administration in Rivers — a clear impossibility as the administrator reports directly to the president who is being sued by the PDP governors.

They are praying the court to declare that based on the provisions of 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 praying the court to declare that the president has no power to suspend a democratically elected house of assembly of a state pursuant to Sections 192 (4) (6) and 305 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

The plaintiffs also want the apex court to declare the suspension of Fubara, his deputy and members of the Rivers state assembly “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 challenging the appointment of a sole administrator for the state, asserting that the president lacks the constitutional power to make such an appointment. Consequently, they seek the court’s ruling to nullify Ibok-Ete Ibas’ appointment as Rivers state’s sole administrator.

The plaintiffs argue that the defendant’s declaration of a state of emergency in Rivers State did not comply with the constitutional requirements set by Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

They assert that 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.

They 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 further seeking.

“An order of this honourable court restraining the defendant, by himself, 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, 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 is unclear if the governors have the locus standi to institute the suit as none of them is affected by the state of emergency.

But insiders say they are determined to test the law “for the sake of posterity”.