A Federal High Court in Port Harcourt has issued a summons to President Bola Ahmed Tinubu and several high-ranking government officials regarding the declaration of a state of emergency in Rivers State. This legal action has attracted significant attention due to its potential implications on constitutional law and governance in the state.
The lawsuit, identified by case number FHC/PH/CS/45/2025, was filed by the Incorporated Trustees of Peoples Life Improvement Foundation, Precious Elekima, and Inanna Wright Harry, who are the plaintiffs in this case. The plaintiffs are challenging the legality of the emergency rule imposed by President Tinubu and are seeking the court's interpretation of whether such a declaration is in line with the constitution.
In the lawsuit, several key individuals and institutions are named as defendants. Among them are Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas, the National Assembly, and the Attorney General of the Federation, Lateef Fagbemi. Also listed in the case are Rivers State Sole Administrator Vice Admiral Ibok-Ete Ibas, the Revenue and Fiscal Mobilisation Commission, and the Central Bank of Nigeria (CBN). These individuals and entities are being asked to provide explanations regarding their roles and actions surrounding the emergency declaration.
The plaintiffs contend that the emergency rule declared by President Tinubu on March 18, 2025, is unconstitutional. They argue that the declaration violates Article 13 of the African Charter on Human and Peoples' Rights (Ratification and Enforcement Act) as well as Section 305(3)(b) of the Nigerian Constitution (as amended). The plaintiffs maintain that this declaration is not only illegal but also infringes upon the rights of the people in Rivers State.
As part of their legal action, the plaintiffs are seeking a court order to prevent the Rivers State Administrator from performing several actions during the period of emergency. These actions include appointing caretaker committees for the 23 local government councils, forming a state executive council, and engaging in any financial transactions or awarding contracts using the state's treasury. They argue that these actions undermine democratic processes and should be halted immediately.
Furthermore, the plaintiffs are calling for the restoration of democracy in Rivers State, which they argue can be achieved by reinstating the suspended executive and legislative arms of government. They assert that the suspension of these elected bodies disrupts the democratic structure of governance in the state and is a violation of citizens' rights to self-governance through elected representatives.
In addition to seeking these reliefs, the plaintiffs have requested that the court issue a perpetual injunction that would prevent President Tinubu from further suspending elected officials in Rivers State. They argue that such actions would continue to erode democracy and destabilize the governance framework in the region.
The court has directed the defendants to respond to the summons within 30 days. The court has warned that failure to do so could result in the case proceeding without their participation, potentially leading to a ruling in their absence. The outcome of this case could have significant consequences for the legal framework surrounding the declaration of a state of emergency in Nigeria and its application in specific states.