By Ayo Kehinde
Leaders of the Ijaw Youth Council (IYC), Eastern Zone, have filed a lawsuit against the Federal Government of Nigeria at the Community Court of Justice of the Economic Community of West African States (ECOWAS Court) in Abuja, challenging the declaration of a state of emergency in Rivers State.
THEWILL recalls that President Bola Tinubu, in a nationwide address on Tuesday, announced a state of emergency in the oil-rich state, suspending the executive and legislature. He subsequently appointed retired naval officer, Vice Admiral Ibok-Ette Ibas, as the state’s sole administrator.
In a suit dated March 20, 2025, and marked ECW/CCJ/APP/18/25, the applicants are seeking an order from the regional court to nullify the suspension of elected officials and reinstate democratic governance in the state.
The plaintiffs, Comrade Harry Ibiso and 11 others, acting on behalf of the Eastern Zone of the IYC, also want the court to set aside all actions, policies, and directives issued by the sole administrator appointed by President Tinubu on March 18.
Citing Articles III and IV of the ECOWAS Court’s supplementary protocol, Article II of the Court’s Protocol, and Article 33 of its rules, the applicants argued that President Tinubu, as an elected leader, lacks the constitutional authority to remove or suspend an elected governor.
They contended that the suspension of Governor Siminalayi Fubara, his deputy, Ngozi Odu, and members of the Rivers State House of Assembly constitutes a violation of the fundamental rights of Rivers residents.
The suit read, “The deliberate disruption of the democratic order in any part of the country raises questions about Nigeria’s commitment to democracy and constitutional governance.
“The imposition of an unconstitutional order under the guise of a state of emergency undermines democratic principles and strips the people of Rivers State of their political rights, dignity, and duly elected leadership.”
The affidavit in support of the application was deposed to by constitutional lawyer, Chief Festus Ogwuche, and others.
Meanwhile, the ECOWAS Court has yet to fix a date for hearing the case.
