A Federal High Court in Port Harcourt has summoned President Bola Tinubu and Rivers State Sole Administrator, Vice Admiral Ibok-Ete Ibas, over the declaration of a state of emergency in Rivers State.
The summons comes amid growing legal and political debates over the constitutionality of the move.
The case, filed under suit number FHC/PH/CS/45/2025, was initiated by the Incorporated Trustees of Peoples Life Improvement Foundation, along with individuals Precious Elekima and Inanna Wright Harry.
The plaintiffs are challenging the legality of the emergency rule and seeking judicial interpretation on whether it aligns with Nigeria’s constitutional provisions.
Also listed as defendants in the suit are Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas, the National Assembly, Attorney General of the Federation Lateef Fagbemi, the Revenue and Fiscal Mobilisation Commission, and the Central Bank of Nigeria (CBN).
The plaintiffs argue that President Tinubu’s March 18, 2025, declaration of emergency in Rivers State is unconstitutional, null, and void.
They contend that it violates Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement Act) and Section 305(3)(b) of the Nigerian Constitution, which outlines the conditions under which a state of emergency can be declared.
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As part of their demands, the plaintiffs are seeking a court order to prevent the Rivers State Sole Administrator from appointing caretaker committees for the state’s 23 local government councils, forming a state executive council, or making financial transactions from the state treasury.
They are also calling for the immediate reinstatement of the suspended executive and legislative arms of government in Rivers State.
Additionally, the plaintiffs want a perpetual injunction issued to restrain President Tinubu from further suspending elected officials in the state, arguing that such actions undermine democratic governance and set a dangerous precedent.
The court has given the defendants 30 days to respond to the summons. Should they fail to do so, the case may proceed in their absence, potentially reshaping the legal landscape surrounding emergency rule declarations in Nigeria.