Six elders from the Rivers State, have instituted a legal action against President Bola Tinubu, for allegedly compelling Governor Siminilaya Fubara, to enter into an unconstitutional agreement, signed December 18.
The matter before the Federal High Court, Abuja, maintained that the agreement was not only illegal but amounted to an usurpation, nullification, and undermining of the extant/binding relevant provisions of the 1999 Constitution, as amended
The suit marked FHC/ABJ/CS/1718/2023, mentioned the Rivers State House of Assembly representing Bonny State Constituency, Victor Jumbo, are Senator Bennett Birabi, Senator Andrew Uchendu, Rear Admiral O. P. Fingesi, Ann Kio Briggs and Emmanuel Deinma as the Plaintiffs.
Specifically they want the court to, among other things, determine whether President Tinubu, Governor Fubara, and the Rivers State Assembly have the rights and are entitled to enter into any agreement that has the effect of nullifying or undermining the constitutional/legal potency of the provisions of Section 109(I)(g) and (2) of the 1999 Constitution, as amended.
They contended that neither President Tinubu nor Governor Fubara has the statutory powers to stop the Independent National Electoral Commission, INEC, from conducting fresh elections to replace the 27 Rivers State lawmakers.
The said lawmakers defected from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC.
Others are the Attorney-General of the Federation and Minister of Justice, Governor Fubara, the Rivers Assembly, Speaker of the Rivers State Assembly, and the INEC Chairman, Prof. Mahmood Yakubu.
