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Tinubu Faces ECOWAS Court Action Over Rivers Emergency Rule as Lawyers Demand Sanctions

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A coalition of Nigerian legislative lawyers under the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) has filed a suit before the ECOWAS Community Court of Justice, seeking sanctions against President Bola Ahmed Tinubu and key officials of the National Assembly over the controversial declaration of a state of emergency in Rivers State.

In the suit, ALDRAP argues that the March 18, 2025, emergency proclamation, which led to the suspension of Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the State House of Assembly, violates both Nigeria’s constitution and key ECOWAS protocols on democratic governance. The lawyers also raised concerns about the appointment of retired Vice Admiral Ibok-Ete Ekwe Ibas as Sole Administrator, labeling it an imposition of military rule in a civilian state.

The group is calling on the ECOWAS Court to invoke Article 45 of Protocol A/SP1/12/01 on Democracy and Good Governance and the Supplementary Act A/SP.13/02/12, which outlines sanctions for member states that breach democratic standards. They argue that Tinubu’s actions mirror the unconstitutional power grabs for which ECOWAS has sanctioned other member states, including Mali, Burkina Faso, and Niger Republic.

“The imposition of a handpicked military administrator raises serious governance concerns and, in our considered view, clearly contravenes the democratic principles enshrined in ECOWAS protocols,” the court filing reads. “We urge ECOWAS to impose the same sanctions applied to other nations that derailed from democratic governance.”

The lawsuit names President Tinubu, the heads of ECOWAS member states, Nigeria’s Senate President, the Speaker of the House of Representatives, the Chairman of the House Committee on Rivers State Oversight, and the Attorney General of the Federation as defendants.

In addition to the lawsuit, ALDRAP submitted a formal letter to the Authority of Heads of State and Government, the highest body within ECOWAS, urging them to impose sanctions on Nigeria to avoid setting a dangerous precedent. The letter, signed by ALDRAP’s counsel, Kenneth Amadi, and dated March 30, 2025, argues that ECOWAS must prove its impartiality by holding Nigeria accountable.

“What is good for Niger, Burkina Faso, and Mali must be good for Nigeria,” the letter stated. “Failure to act would not only tarnish ECOWAS’ reputation but also encourage further democratic backsliding across the region.”

ALDRAP also dismissed Tinubu’s justification for the emergency rule, which cited political unrest and the demolition of the Rivers State House of Assembly. The lawyers described the conflict as a personal political feud between Governor Fubara and his predecessor, who is believed to be a close ally of the President.

The suit has not yet been assigned a hearing date, but it has already sparked widespread debate on the legality of the Rivers State emergency rule and the future of democratic accountability within West Africa.

Mike Ojo

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