The federal government, led by President Bola Ahmed Tinubu, has been taken to the Community Court of Justice of the Economic Community of West African States (ECOWAS Court) in Abuja over the declaration of a state of emergency and the suspension of democratically elected officials in Rivers State.
The lawsuit, dated March 20, 2025, and marked ECW/CCJ/APP/18/25, was filed by plaintiffs Harry Ibiso and 11 others on behalf of the Eastern Zone of the Ijaw Youth Council. The applicants are seeking an order from the court to quash the suspension of elected officials and the removal of democratic structures in Rivers State, arguing that these actions undermine democratic governance.
The plaintiffs are also requesting the court to set aside all decisions, actions, policies, and directives issued by the Sole Administrator, retired Vice Admiral Ibokette Ibas, who was appointed by President Tinubu on March 18, 2025. They contend that the president lacks the constitutional authority to remove or suspend a democratically elected governor, deputy governor, or state assembly members.
In the application, filed under Articles III and IV of the Supplementary Protocol Amending the ECOWAS Court’s Protocol, Article II of the Protocol of the Court, and Article 33 of the Rules of the Court, the applicants argued that the suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and members of the Rivers State House of Assembly violates the fundamental rights of the plaintiffs and the people of Rivers State.
“By removing elected officials, the defendant has unlawfully stripped the applicants and the people of Rivers State of their democratic rights, both individually and collectively,” the plaintiffs stated. “The declaration of a state of emergency cannot be used as a pretext to usurp the executive functions of the governor or the legislative powers of the state assembly.”
The affidavit supporting the suit was deposed by constitutional lawyer Festus Ogwuche and others. The ECOWAS Court has yet to fix a date for the hearing of the case.
The lawsuit follows President Tinubu’s declaration of a state of emergency in Rivers State on Tuesday, March 18, 2025, and the subsequent approval of the declaration by the National Assembly on Thursday, March 20, despite opposition from some lawmakers. Vice Admiral Ibas, the Sole Administrator, has since assumed office.
The plaintiffs argue that the emergency rule has politically disenfranchised the people of Rivers State, depriving them of their right to democratic governance and the leadership they elected.
