David Akachukwu
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The federal government, under President Bola Ahmed Tinubu, is facing a case before the Community Court of Justice of the Economic Community of West African States (ECOWAS Court) in Abuja. The case involves the declaration of a state of emergency and the suspension of democratically elected officials in Rivers State.
The legal action, filed on March 20, 2025, is marked ECW/CCJ/APP/18/25.
The plaintiffs are requesting that the court annul or invalidate the suspension of elected officials and the dismantling of democratic structures in Rivers State as essential for the restoration of a full democratic system.
Harry Ibiso and 11 other plaintiffs, on behalf of themselves and the Eastern Zone of the Ijaw Youth Council, are also seeking an order to nullify all decisions, actions, policies, and directives issued by the appointed Sole Administrator, retired Vice Admiral Ibokette Ibas, who was appointed by the president on March 18.
In their application, based on Articles III and IV of the supplementary protocol amending ECOWAS Court’s protocol, Article II of the Court’s protocol, and Article 33 of the Rules of the court, the applicants argue that the president (Bola Ahmed Tinubu) does not have the legal authority to remove or suspend a state governor, who was elected to office.
The applicants argue that by removing Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the Rivers State House of Assembly, their fundamental rights 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 supporting the case was filed by constitutional lawyer Festus Ogwuche and others.
The court has yet to schedule a hearing date.
To recap, on Tuesday, President Tinubu declared a state of emergency in Rivers State. On Thursday, the National Assembly approved the state of emergency, despite opposition from some leaders. Since then, Vice Admiral Ibas has assumed the position of Sole Administrator.
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