Six elders from Rivers have taken legal action against President Bola Tinubu, Governor Siminilaya Fubara, and others, alleging that they compelled the governor to sign an unconstitutional agreement. The plaintiffs, including a member of the Rivers House of Assembly and prominent community leaders, argue that the agreement, signed on December 18, undermines the constitution.
They assert that neither the president nor the governor has the authority to halt the Independent National Electoral Commission (INEC) from conducting fresh elections to replace the 27 Rivers lawmakers who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The plaintiffs have sought the court’s intervention to determine whether the president, the governor, and the Rivers assembly have the right to enter into any agreement that undermines the constitutional provisions. The defendants in the suit include the President, the Attorney-General of the Federation and Minister of Justice, Governor Fubara, the Rivers Assembly, the Speaker of the Rivers Assembly, and the Chairman of INEC, Prof. Mahmood Yakubu.
Recently, the court issued an injunction preventing INEC from conducting fresh elections to fill the seats of the defected lawmakers. Justice Donatus Okorowo granted the injunction following an ex-parte motion moved by the defected lawmakers’ counsel, Peter Onuh, restraining INEC, PDP, and the House of Assembly from taking certain actions.
The injunction also prevents the Inspector-General of Police and the State Security Service (SSS) from denying or withdrawing security details for the lawmakers. The matter has been adjourned until December 28 for the hearing of the motion on notice.
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