A group of Nigerian legislative lawyers, under the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), has taken legal action against President Bola Tinubu, seeking sanctions from the ECOWAS Community Court of Justice over his declaration of a state of emergency in Rivers State.
The lawyers also called for punitive measures against the National Assembly leadership for supporting the declaration. President Tinubu had made the announcement on March 18, 2025, citing ongoing political unrest in Rivers and accusing Governor Siminalayi Fubara of ordering the demolition of the State Assembly complex.
Following the declaration, Tinubu suspended Governor Fubara, his deputy Ngozi Odu, and all elected members of the State House of Assembly for six months. He then appointed retired Vice Admiral Ibok-Ete Ibas as Sole Administrator to manage the state during the emergency.
Nearly a month after the move, public criticism continues to mount, with many Nigerians and legal professionals questioning the legality and constitutionality of Tinubu’s actions.
In a letter dated April 17, 2025, ALDRAP demanded that President Tinubu disclose the legal framework justifying the emergency rule and the powers granted to the Sole Administrator, especially regarding the appointment of administrators for local governments. They warned of legal consequences if their request was ignored.
The legal action filed at the ECOWAS Court names Tinubu, top National Assembly leaders, and key federal officials as defendants. ALDRAP claims Tinubu’s actions breach ECOWAS rules, specifically Article 1 of the Protocol on Democracy and Good Governance, which strictly opposes unconstitutional government changes.
The group further urged ECOWAS to apply Article 45 of the Protocol and a supplementary act on sanctions to hold the Nigerian government accountable for suspending democratic processes in Rivers State.
According to the lawsuit, the case also aims to guide the ECOWAS Court by presenting legal insights on how emergency declarations should be handled within member states, especially regarding legislative oversight roles.
Additionally, ALDRAP has reached out to the ECOWAS Authority of Heads of State and Government, demanding that sanctions be imposed on Tinubu, just as they were on Mali, Burkina Faso, and Niger over similar constitutional breaches.
In a letter dated March 30, 2025, signed by lawyer Kenneth Amadi, ALDRAP argued that ECOWAS has no valid reason to exempt Nigeria from sanctions, warning that selective enforcement would harm the organization’s credibility.
The group insisted that Tinubu, who chairs the ECOWAS Authority and once presided over sanctions against Niger, must be held accountable for his own alleged violation. They warned that failing to act could encourage democratic decline across West Africa.
The letter also challenged Tinubu’s justification for the emergency, claiming the crisis was limited to a personal feud between Governor Fubara and his predecessor—a known ally of the president. ALDRAP alleged that Tinubu’s intervention was politically motivated and lacked a genuine basis.
The ECOWAS Court has yet to schedule a hearing for the case.
