Seven governors of the Peoples Democratic Party (PDP) have filed a suit before the Supreme Court of Nigeria, challenging the six-month suspension of Rivers State Governor, Siminalaye Fubara.

The governors of Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara are questioning the authority of President Bola Tinubu to carry out such an action. They argue that the president lacks constitutional powers to suspend a democratically elected governor under any circumstances, including a state of emergency.

Named as respondents in the suit are President Tinubu and the National Assembly. The governors, through their Attorneys-General, have urged the Supreme Court to declare the suspension unconstitutional. They argue that under Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended), the president has no legal authority to remove a sitting governor or deputy governor.

Additionally, they assert that the National Assembly’s approval of the suspension via a voice vote was unconstitutional, as Section 305 of the Constitution mandates a two-thirds majority vote.

The governors are seeking several reliefs from the Supreme Court, including an order to nullify the appointment of the sole administrator currently governing Rivers State, and an injunction restraining the president from interfering in the functions of duly elected state governors. They also seek an order barring the president from suspending any other state governor in Nigeria.

Fubara, his deputy Ngozi Odu, and members of the Rivers State House of Assembly were suspended by President Tinubu following the declaration of a state of emergency in Rivers State on 18 March. The legislature ratified the decision, and a sole administrator was appointed to oversee the state’s affairs for the duration of the suspension.