Leaders of the Ijaw Youth Council, Eastern Zone, have taken the Federal Government to the ECOWAS Court of Justice over what they call the unlawful suspension of Rivers State Governor, Siminalaye Fubara, and other elected officials by President Bola Tinubu.
The 12 plaintiffs, led by Comrade Ibiso Harry, have also challenged President Tinubu’s declaration of a State of Emergency in Rivers State.
In the suit marked ECW/CCJ/APP/18/25, the applicants requested that the court annul or invalidate the suspension of the state’s elected officials and the dismantling of the democratic structures in Rivers State, to restore full democratic governance.
They further requested that the court quash all decisions, actions, policies, and directives issued by the Sole Administrator appointed by President Tinubu on March 18 to oversee Rivers State for six months.
The plaintiffs based their suit on 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 Court’s rules.
The applicants argued that President Tinubu, as an elected official, lacked the legal authority to remove or suspend a governor, who was also democratically elected.
The Ijaw youth leaders contended that the removal of Governor Fubara, his deputy Ngozi Odu, and members of the Rivers State House of Assembly violated their fundamental human rights.
“By these actions, the defendant has unlawfully stripped the applicants and the people of Rivers State of their democratic rights, both individually and collectively,” the applicants stated.
They further argued that President Tinubu’s actions had submerged their constitutional rights and those of the people of Rivers State into what they described as “neo-junta governance.
” This, they claimed, has led to unconstitutional and undemocratic rule, creating a situation they could not accept.
“The applicants and the people of Rivers State have lost their dignity as human beings, having been politically emasculated by the loss of the values that come with democratic governance,” they stated.
The plaintiffs asserted that President Tinubu’s actions contradicted the core principles of democracy, accusing him of undermining the democratic systems by dismantling established governance structures.
“The deliberate disruption of the democratic order in any part of the national structure questions the very foundation of democratic practice and constitutional authenticity within the nation,” they argued.
They also emphasized that a state of emergency should not be used as a cover for undermining the executive powers of the governor or the legislative functions of the state assembly.
The legal action is being represented by a team of lawyers led by Chief Festus Ogwuche.
As of now, no date has been set for the case to be heard.
