The federal government, led by President Bola Ahmed Tinubu, has been sued at the ECOWAS Court of Justice in Abuja over the declaration of a state of emergency and the suspension of elected officials in Rivers State.
Legal Challenge Against Emergency Rule
In a suit filed on March 20, 2025 (ECW/CCJ/APP/18/25), the applicants are seeking a court order to nullify the suspension of elected officials and the removal of democratic structures in Rivers State.
The plaintiffs, Harry Ibiso and 11 others, along with the Eastern Zone of the Ijaw Youth Council, also demand the cancellation of all decisions, policies, and directives issued by the Sole Administrator, retired Vice Admiral Ibokette Ibas, who was appointed by President Tinubu on March 18.
Claim: Tinubu Lacked Authority to Remove Elected Officials
The applicants argue that President Tinubu, as an elected official, lacks the constitutional authority to remove or suspend a state governor, who was also democratically elected.
They claim the removal of Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the Rivers State House of Assembly violated their fundamental rights and those of the state’s residents.
“The action has stripped the people of Rivers State of their democratic rights and human dignity, effectively disenfranchising them,” the applicants stated.
They further argued that a state of emergency should not serve as a pretext for executive overreach, allowing the usurpation of a governor’s powers or the legislative authority of the state assembly.
Court Yet to Fix Hearing Date
The case, backed by constitutional lawyer Festus Ogwuche, is yet to be scheduled for a hearing.
Meanwhile, Tinubu’s emergency rule in Rivers State was ratified by the National Assembly on Thursday, despite opposition protests. Vice Admiral Ibas has since assumed office as the state’s sole administrator.
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