PDP Governors Take Legal Action Against Tinubu's Emergency Declaration In Rivers State

PDP Governors Gear Up to Challenge Tinubu's Emergency Declaration in Rivers State

In a bold move, governors from the Peoples Democratic Party (PDP) have decided to take President Bola Tinubu to the Supreme Court over his recent declaration of a state of emergency in Rivers State. According to Naija News, the legal challenge is expected to be filed within the week, with the National Assembly also named as a co-defendant in the case. This marks a significant escalation in the ongoing political tensions surrounding Tinubu's decision.

On March 18, President Tinubu announced the imposition of emergency rule in the oil-rich state, citing concerns over prolonged political instability and acts of vandalism targeting critical oil infrastructure. As part of this declaration, Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state House of Assembly were placed on a six-month suspension. To manage the state during this period, Tinubu appointed retired Vice Admiral Ibok-Ete Ibas as the sole administrator of Rivers State.

This decision, which was controversially endorsed by both the Senate and the House of Representatives on Thursday, has sparked widespread criticism from the PDP and other opposition figures. The governors argue that the move undermines the democratic principles enshrined in Nigeria's 1999 Constitution.

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PDP Governors Take Legal Action Against Tinubu's Decision

As reported by TheCable, the lawsuit is being led by PDP governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states. These governors are challenging Tinubu's authority to suspend a democratically elected governor, deputy governor, and state legislature, claiming that such actions violate the 1999 Constitution. They specifically highlight Sections 1(2), 5(2), and 305 of the Constitution, arguing that the president has no legal grounds to remove elected officials under the guise of emergency rule.

Interestingly, Governor Fubara himself cannot participate in the lawsuit due to a Supreme Court ruling that requires approval from the current Rivers State administration. Since the sole administrator reports directly to the president, this creates an impossible situation for Fubara to join the legal battle.

The PDP governors are urging the court to declare Tinubu's suspension of Fubara, his deputy, and the state lawmakers as unconstitutional, unlawful, and in violation of the Constitution. They also challenge the suspension of the Rivers State House of Assembly, arguing that it contravenes Sections 192 (4) (6) and 305 of the Constitution. Furthermore, they are demanding that the Supreme Court nullify the appointment of Ibok-Ete Ibas as the sole administrator and prevent any further executive overreach by the president.

Challenging the Legitimacy of Tinubu's Emergency Declaration

The PDP governors argue that Tinubu's declaration of emergency rule in Rivers State did not meet the constitutional requirements outlined in Section 305 of the 1999 Constitution. They claim that the justification provided for the proclamation does not align with the specific conditions set forth in the law. Additionally, they are questioning the National Assembly's approval process, stating that the use of a voice vote instead of a two-thirds majority from all legislators renders the decision invalid.

This legal challenge underscores the growing concerns about the misuse of emergency powers and the potential threat to democratic governance in Nigeria. The PDP governors are determined to ensure that the rule of law is upheld and that the president does not overstep his constitutional boundaries.

The Legal Demands of the PDP Governors

The PDP governors are seeking multiple court orders to address their grievances. These include an order nullifying Tinubu's proclamation of a state of emergency in Rivers State, as well as an order restraining the president and his agents from implementing the unlawful suspension of the governor and deputy governor of Rivers State. They are also asking for an order preventing the president from interfering with the execution of the constitutional and statutory duties of the governor and deputy governor.

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Additionally, the governors are demanding an order that prevents the president from attempting to suspend any other governor in Nigeria, particularly those not belonging to the ruling political party. They argue that such actions would undermine the democratic principles upon which the nation was founded.

While questions remain about the legal standing of the PDP governors to pursue this case—since none of them is directly affected by the emergency rule—sources indicate that they are determined to push forward with the lawsuit "for the sake of posterity." This legal battle has the potential to shape the future of executive power and democratic governance in Nigeria, making it a case worth watching closely.