Due to Fubara's Suspension, PDP Governors Take Action Against Tinubu and the N'Assembly.

Governors from states affiliated with the Peoples Democratic Party (PDP) have filed a case with the Supreme Court of Nigeria, contesting the six-month suspension imposed on Rivers State Governor, Siminalayi Fubara. The respondents named in the legal action include President Bola Tinubu and the National Assembly. In their lawsuit, the governors from Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states have questioned the authority of President Tinubu to suspend Fubara. These seven governors, who have labeled the suspension as unconstitutional, through their respective Attorney-Generals, have requested the Supreme Court to affirm that “the President possesses no authority to suspend a democratically elected governor and deputy governor of any state within the Federation of Nigeria under the pretext of or in relation to the declaration of a state of emergency in any state, including those represented by the plaintiffs,” citing Sections 1(2), 5(2), and 305 of the amended 1999 Constitution. Additionally, the governors have asked the apex court to rule that the President does not have the power to suspend a democratically elected state House of Assembly in accordance with Sections 192 (4) (6) and 305 of the amended Constitution of the Federal Republic of Nigeria 1999. The appellants, comprising the seven state governors, are seeking a declaration that “the suspension of Governor Siminalaye Fubara, his deputy, and the members of the Rivers State House of Assembly was unconstitutional, unlawful, and a serious breach of the provisions of the amended 1999 Constitution.” The governors contended that Tinubu does not have the legal authority to suspend an active governor or to appoint a sole administrator in their place. They have also called on the Supreme Court to invalidate the appointment of the sole administrator designated to oversee the state. Furthermore, they have questioned the constitutionality of the voice votes employed by the National Assembly to endorse Tinubu’s actions. The plaintiffs asserted that the defendants' declaration of a state of emergency in Rivers State did not adhere to the constitutional provisions outlined in Section 305 of the 1999 Constitution (as amended). Additionally, they argued that the President's proclamation did not fulfill the required conditions and procedures for such a declaration, claiming it was issued for reasons not enumerated in the Constitution. They further contended that the National Assembly's endorsement of the state of emergency through a voice vote was illegitimate, emphasizing that the Constitution requires a two-thirds majority vote from the members of both legislative chambers. The plaintiffs sought the following relief from the Supreme Court: “An order to annul the state of emergency proclamation in Rivers State made by the first defendant and improperly sanctioned by the second defendant. “An order prohibiting the defendant, along with his employees, agents, and associates, from executing the unlawful suspension of the governor and deputy governor of Rivers State. “An order preventing the defendant, along with his employees, agents, and associates, from interfering in any way with the governor and deputy governor of Rivers State in the performance of their constitutional and statutory responsibilities, as well as their electoral mandate. “An order barring the defendant from attempting to suspend any other governor in Nigeria, particularly the plaintiffs, or from interfering with or undermining their constitutional and statutory functions.” It is important to note that Fubara, his deputy Ngozi Odu, and the members of the Rivers State House of Assembly were suspended for six months by President Bola Tinubu following his declaration of a state of emergency in the state on March 18, during which he appointed a sole administrator.