Taiwo Popoola
The federal government led by President Bola Ahmed Tinubu has been dragged before the Community Court of Justice of the Economic Community of West African States, ECOWAS Court, in Abuja, over the declaration of a state of emergency and the suspension of democratically elected authorities in Rivers State.
This was contained in a suit dated March 20, 2025, and marked ECW/CCJ/APP/18/25.
The applicants are seeking an order of the court to set aside and/or quash the suspension of elected officials and removal of the democratic structures and institutions in Rivers State as an imperative for the enthronement of a full-fledged democratic order.
Plaintiffs in the suit, Harry Ibiso and 11 others, on their behalf and the Eastern Zone of the Ijaw Youth Council also want an order of court setting aside all decisions, actions, policies, and directives given or issued by the Sole Administrator, retired Vice Admiral Ibokette Ibas, appointed by the respondent’s president on March 18.
In the application brought pursuant to Articles III and IV of the supplementary protocol amending ECOWAS Court’s protocol, Article II of the Protocol of the court, and Article 33 of the Rules of the court, the applicants averred that the respondent’s president (President Bola Ahmed Tinubu), elected into political office, lacked the powers to remove or suspend the governor of a state, who was also elected into the office.
They held that by removing the governor, Siminalayi Fubara; his deputy, Ngozi Odu; and members of the Rivers State House of Assembly, the fundamental rights of the applicants and the people of Rivers State have been violated.
“By so doing, the defendant has unlawfully taken away the democratic rights of the applicants and that of the population of Rivers State, both individually and collectively.
“The implication therefore is that the applicants and the people of Rivers State have lost their existence and dignity as human beings, having been politically emasculated by the loss of the values that accompany democratic governance and deprived of leaders duly elected by them in the democratic space.
“A state of emergency cannot be a guise or subterfuge for the usurpation of the executive functions of the governor or the exercise of the lawmaking powers of the legislature,” the applicants held.
The affidavit was disposed of by a constitutional lawyer, Festus Ogwuche, and others.
