The Federal Government has been dragged before the Community Court of Justice of the Economic Community of West African States (ECOWAS Court), sitting in Abuja, over the declaration of a state of emergency in Rivers State.
The suit was filed by Harry Ibiso and 11 others, on their behalf and that of Ijaw Youth Council, Eastern Zone. In the application dated March 20, received same day by the court and marked ECW/CCJ/APP/18/25, the applicants are seeking a court order setting aside and/or quashing 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.
They also want an order of court setting aside all decisions, actions, policies and directives given or issued by the sole administrator appointed by President Bola Ahmed Tinubu 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 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.”
Also, in a statement by the IYC in Yenagoa signed by its spokesman, Binebia Princewill, the body described the declaration of a state of emergency in Rivers State by the president as the darkest era in Nigeria’s democracy.
Princewill said despite the efforts to strengthen democracy, the Tinubu administration has reduced Nigeria’s democracy to a laughing stock globally. The IYC also expressed disappointment in the National Assembly for failing to uphold its constitutional function of checks and balances.
“The National Assembly’s approval has severely undermined these principles, leaving Nigeria’s democracy bleeding and wobbling in limbo,” Princewill stated.
Similarly, presidential candidate of the New Nigerian Peoples Party (NNPP) in the 2023 elections, Dr. Rabiu Musa Kwankwaso, has kicked against the National Assembly’s endorsement of the emergency rule in Rivers, describing the legislative backing as appalling.
In a statement posted on his official X handle @KwankeasoRM, the former governor of Kano State regretted that the 10th Assembly was fast becoming “more rubberstamp than any of its predecessors.”
He said: “More disturbing is the unilateral decision by both chambers of the National Assembly to ratify the president’s proclamation. I had hoped that the legislators would not add salt to injury by passing this illegality.
“The Constitution is clear on the method of voting on issues of such importance, and the decision to use the voice vote in deciding this is not consistent with the proper procedures and transparency. ”
He described the action of the president as a gross violation of the provisions of the constitution, challenging the judiciary to rise against the breach of rule of law.
“Our judiciary also has the very important task of balancing the balance of power by being fair to all parties in any conflict. I believe that the custodians of the law in Nigeria need to wake up to their responsibility of calming nerves by being as just as possible, with judgments devoid of any hint of external influence.
“At this age of our democracy, this action by President Tinubu to suspend all elected officials in Rivers State is not only unconstitutional, but also a recipe for anarchy and disregard for the highest public office in the state. The National Assembly that should check this excess should not encourage it.
“Moreover, for a politician that prides himself as a consistent advocate and defender of democracy in our country, the decision by President Tinubu to draft in the military into a position of leadership is hugely dangerous to the progress we have made in the 26 years of democratic journey.
“This proclamation and the subsequent pronouncements by the Attorney General of the Federation have now sent numerous people in states led by the opposition into disarray, as they set a dangerous precedent for how the Head of State can grip on states that do not share the same political standing with the centre.
“I am of the view that the political situation on the ground in Rivers does not justify such a flawed interpretation of section 305(1) of the 1999 constitution. The action constitutes an unconstitutional overdrive, and it could foster a culture of impunity if unchecked,” Kwankwaso added.
On his part, a former Managing Director of Edo State Investment Promotion Office (ESIPO), Kelvin Uwaibi, on Friday, urged the president to reverse the declaration of a state of emergency in Rivers in the interest of the peace and development of the state and the Niger Delta as a whole.
Uwaibi said that allowing Fubara to continue serving in his constitutional role, while working hand-in-hand with the Federal Government to restore peace and order in Rivers, would send a powerful message of unity, reconciliation, and respect for the will of the people.
Appealing to Tinubu to reverse the suspension of Fubara, his deputy and members of the state House of Assembly, Uwabi said: “While I fully recognise the gravity of the circumstances that led to this decision, it is crucial to reflect on how we can resolve this issue without compromising the principles that define our democracy.
“As a father cares for all his children, I trust that your concern for every state transcends party affiliations and personal differences. Your reputation as a leader who upholds the rule of law, respects democratic principles, and fosters inclusiveness is well known. It is on this basis that I humbly plead with you to reconsider this decision and to act in a manner that reflects your dedication to fairness, justice, and the enduring stability of Nigeria.”
