Members of the Ijaw Youths Council (IYC) have filed a suit at the Community Court of Justice of the Economic Community of West African States (ECOWAS Court) in Abuja, challenging the federal government’s declaration of a state of emergency in Rivers State.
According to BusinessDay, the legal action follows President Bola Tinubu’s decision to impose emergency rule in the oil-rich state, citing political and security instability.
The suit seeks reversal of the emergency rule
The suit, dated March 20, was filed by Comrade Ibiso, John Benjamin, Alpheus Ngere, Tamunokuro Tomquin, Benjamin Kemuel, Fabians Abbey, Williams Toby, Dabo Briggs, Precious Otoni, Attah Ebirin, and Tonye Stephen.
The applicants are seeking a court order to set aside the suspension of elected officials and the dissolution of democratic structures in Rivers State.
Additionally, they are requesting the nullification of all decisions made by Ibok-Ete Ibas, the sole administrator appointed by the president to govern the state during the emergency rule.
The suit also demands $10 million in punitive and exemplary damages for what they describe as the federal government’s unconstitutional actions.
Violation of democratic rights
According to court documents, the applicants argue that the imposition of emergency rule violates their right to be governed by a democratically elected administration.
“The crux of the applicants’ complaint is anchored on the infringements on their rights to have a government of their choice as people of Rivers State in their individual and collective capacities as the defining constitutional order under the framework of democratic values laden with popular participation and legitimacy installed through popular elections,” the suit reads.
The plaintiffs further contend that the federal government’s actions undermine Nigeria’s democratic principles and constitutional legitimacy.
“The deliberate disruption of the democratic order in any part of the national structure questions the democratic practice and constitutional authenticity of the nation-state,” they stated.
They argue that the “forceful removal of popular sovereignty” erodes the credibility of Nigeria’s democratic framework.
Emergency rule as a ‘subterfuge’
The applicants maintain that the emergency rule has been used as a pretext to usurp the executive functions of the governor and the legislative powers of the state assembly.
“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 law-making powers of the legislature,” the suit states.
The case is now before the ECOWAS Court, which will determine whether the federal government’s actions in Rivers State contravene regional and international democratic standards.
