In a dramatic turn of events, the Nigerian government is now facing a legal challenge at the ECOWAS Community Court of Justice over its decision to declare a state of emergency in Rivers State.
The Ijaw Youths Council, representing the Eastern Zone of the state, has taken the Federal Republic of Nigeria to court, accusing the government of trampling on democratic principles and the constitutional rights of the people of Rivers State.
The controversy began on March 18, 2025, when President Bola Tinubu declared a state of emergency in Rivers State, a move that sent shockwaves across the region. In a swift and controversial decision, the President suspended the elected Governor Siminalayi Fubara, Deputy Governor, Ngozi Odu; Speaker Martin Amaewhule, and all the other members of the Rivers State House of Assembly, replacing them with a retired military officer Ibok-Ette Ibas as Sole Administrator.
For some of the people of Rivers State, this decision felt like a blow to their democratic rights. The Ijaw Youths Council, a prominent socio-cultural group in the region, has now stepped forward to challenge the government’s actions. Represented by 12 plaintiffs, including Comrade Ibiso, Hon. John Amos Benjamin, and others, the group filed an application at the ECOWAS Court on March 20, 2025, arguing that the President’s actions were not only unconstitutional but also a violation of international human rights laws.
“This is not just about Rivers State; this is about the soul of democracy in Nigeria,” said one of the plaintiffs, speaking on condition of anonymity. “We voted for our leaders in a free and fair election. The President cannot just sweep them aside and impose his own rule. This is a coup in disguise.”
The legal battle hinges on several key arguments. The plaintiffs claim that the declaration of a state of emergency was not based on valid or justifiable grounds. Instead, they argue, it was a thinly veiled attempt to dismantle democratic structures and impose centralized control. They point to the African Charter on Human and Peoples’ Rights, the Universal Declaration of Human Rights, and other international treaties that Nigeria is bound by, asserting that the government’s actions violate the rights of the people to self-determination and democratic governance.
The plaintiffs are seeking several remedies from the ECOWAS Court, including:
– A declaration that the suspension of democratic institutions in Rivers State is unlawful.
– An order quashing the state of emergency proclamation and reinstating the elected officials.
– An order setting aside all decisions made by the Sole Administrator.
The issue has sparked a heated debate across Nigeria. Supporters of the government argue that the state of emergency was necessary to restore order in Rivers State, which has been plagued by political instability and violence. However, critics see it as a dangerous precedent that undermines Nigeria’s federal structure and democratic values.
“This is a test case for democracy in West Africa,” said a legal analyst familiar with the case. “If the ECOWAS Court rules in favor of the plaintiffs, it could send a strong message to governments across the region that they cannot use states of emergency as a tool to suppress democracy.”
As the case unfolds, all eyes are on the ECOWAS Court, which is expected to review the application in the coming weeks. The outcome could have far-reaching implications, not just for Rivers State, but for the future of democratic governance in Nigeria and beyond.
For now, the people of Rivers State are left in limbo, caught between the Federal Government and a legal battle that could determine their political future.
