By Peter Onyekachukwu, Asaba
DELTA: Governors elected on the platform of the Peoples Democratic Party (PDP) have taken President Bola Tinubu and the National Assembly to the Supreme Court over the declaration of a state of emergency in Rivers State and the suspension of Governor Siminalayi Fubara and his deputy, Prof. Ngozi Odu, for six months.
In their legal challenge, the governors argue that the president’s actions are unconstitutional and violate sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
They insist that no provision of the law grants the president the power to unilaterally suspend a democratically elected governor and deputy under the guise of an emergency declaration.
Furthermore, the governors are contesting the National Assembly’s approval of the emergency rule, describing the use of a voice vote as unconstitutional.
According to them, the constitution mandates a two-thirds majority vote of all members of each legislative chamber before such a decision can be upheld.
“The constitution is clear on the conditions under which a state of emergency can be declared. This proclamation fails to meet those standards and is politically motivated,” one of the PDP governors stated.
They also reject the appointment of retired Vice Admiral Ibok-Ete Ibas as the sole administrator of Rivers State, describing it as a gross violation of democratic principles.
The governors are urging the Supreme Court to nullify the appointment and restrain the president from further actions that could undermine the autonomy of state governments.
“We cannot stand by while democracy is trampled upon. This is a dangerous precedent, and we trust the judiciary to uphold the rule of law,” a PDP leader emphasized.
The case is expected to test the limits of executive power in Nigeria’s democracy as the Supreme Court prepares to hear the matter.