President Tinubu’s Rivers State move has sparked controversy. A group of Nigerian legislative Lawyers under the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) have approached the Community Court of Justice of the Economic Community of West African States (ECOWAS Court), seeking sanctions against President Bola Tinubu for declaring a state of emergency in Rivers State.
The legal practitioners are also calling for punitive measures against the leadership of the National Assembly for their role in approving the emergency declaration in the oil-rich state.
President Tinubu had justified his decision by expressing concern over the political turmoil in Rivers, accusing Governor Sim Fubara of tearing down the State House of Assembly building. As part of the emergency measures, Governor Fubara, his deputy, Ngozi Odu, and all elected members of the Rivers State House of Assembly were suspended for six months. A retired Vice Admiral, Ibok-Ete Ekwe Ibas, was appointed as Sole Administrator to manage the state’s affairs during the emergency.
More than a month after the declaration, criticism continues to mount, with many Nigerians questioning both the legality and appropriateness of the President’s actions.
The ALDRAP had, through a letter dated April 17, 2025, given President Tinubu a seven-day ultimatum to provide legal grounds for the emergency proclamation that empowered Vice Admiral Ibas (rtd) to appoint sole administrators for local government areas. The lawyers warned of legal action if the President failed to comply.
In the current suit filed before the ECOWAS Court, ALDRAP is requesting the reversal of the emergency declaration and the imposition of sanctions on President Tinubu and other Nigerian officials involved in what they describe as the suspension of democratic governance in Rivers State.
The suit lists several defendants, including President Tinubu, heads of ECOWAS member states, the President of the Nigerian Senate, the Speaker of Nigeria’s House of Representatives, the Chairman of the House Committee on Oversight of Rivers State, and the Attorney General of the Federation and Minister of Justice.
The court filing notes that the objective of the suit is to furnish the ECOWAS Court of Justice with expert analysis and information on the key legal and governance implications of declaring a state of emergency in a Member State. It also emphasizes the oversight responsibilities of legislative bodies such as the National Assembly in such matters.
According to ALDRAP, President Tinubu’s actions, particularly the appointment of a military figure as Sole Administrator, violated ECOWAS protocols. The group argued that this contravenes Article 1 of Protocol A/SP1/12/01 on Democracy and Good Governance, which supplements the ECOWAS Mechanism for Conflict Prevention, Management, Resolution, Peacekeeping, and Security established in 2000.
In light of these blatant violations, particularly the disregard for constitutional governance, the plaintiff urges the relevant ECOWAS Authority to invoke its powers under Article 45 of the Protocol and Supplementary Act A/SP.13/02/12 on Sanctions Against Member States That Fail to Fulfil Their ECOWAS Obligations (Act 2-SP13 of 2012) to take appropriate action against the Nigerian President, members of the legislature, and the government as a whole, part of the Court document states.
The imposition of sanctions remains ALDRAP’s central demand in the yet-to-be-scheduled court hearing.
In addition to their court filing, ALDRAP also wrote to the Authority of Heads of State and Government, the highest ECOWAS decision-making body, demanding sanctions against Tinubu for the emergency rule in Rivers State.
The letter signed by legal representative, Kenneth Amadi, and dated March 30, 2025, is titled A manifest sign of the danger of democratic backsliding in ECOWAS: What is good for Niger, Burkina Faso and Mali should also be good for Nigeria. Urgent need for intervention of the Authority of Heads of State of ECOWAS, ECOWAS Parliament and the ECOWAS Commission by imposition of sanctions upon the President of the Federal Republic of Nigeria, Bola Ahmed Tinubu, for declaration of state of emergency upon six million citizens of Rivers State and imposition of military rule thereof in violation of the Constitution of the Federal Republic of Nigeria.
In the letter, ALDRAP warned that ECOWAS risks being seen as partial and unjust if it fails to hold Nigeria accountable especially after it imposed sanctions on Mali, Burkina Faso, and Niger Republic for similar breaches.
To demonstrate to the world that ECOWAS is not what those three countries, Mali, Burkina Faso, and Niger accused it of being, which is an institution guilty of double standards and oppression of weaker states, sanctions must be applied equally. President Tinubu, who chaired the Authority when those countries were sanctioned for unconstitutional takeovers, should not be allowed to carry out similar actions without consequences. Failing to address this could encourage more democratic erosion in the region, the letter noted.
Criticizing the reasons cited by Tinubu for declaring the state of emergency, the letter added that the crisis in Rivers was nothing more than a personal conflict between Governor Fubara and his predecessor, a known ally of the President. It alleged that Tinubu not only sided with his ally but took action that ultimately benefited him.
The President either allowed himself to be misinformed or chose to mislead the country and the international community, the letter concluded.
