Fubara: Reverse Your Illegal State of Emergency or Face Court Action -Coalition Lawyers Tells Tinubu
A group of lawyers under the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) has asked President Bola Tinubu to reverse the state of emergency in Rivers State, threatening legal action if the decision is not overturned.
Tinubu declared the emergency on Tuesday, citing political unrest in the state and accused Governor Sim Fubara of demolishing the State House of Assembly building.
The President suspended Fubara, his deputy, and all elected lawmakers for six months.
He appointed a retired military officer, Ibok-Ete Ibas, as the Administrator of the state.
ALDRAP argues that the President’s action violates the Nigerian Constitution and claim that he did not get approval from the National Assembly, which is required for such a declaration.
The lawyers also say there is no proof that governance in the state has collapsed.
A letter from ALDRAP, signed by lawyer Kenneth Amadi, was sent to the President on Wednesday.
The letter warns that if Tinubu does not withdraw the emergency order, the group will go to court.
They argue that the President’s decision is illegal and undermines democracy.
The letter also claims that security forces are holding Governor Fubara and his family under house arrest.
It urges the President to remove the soldiers and other security personnel from the Government House in Port Harcourt.
ALDRAP says these actions violate the fundamental rights of the Governor and state officials.
They insist that only a court order can justify such restrictions.
“Take notice that in the event of your failure to retract or recall the said Gazette, we shall commence legal steps at either the National Industrial Court of Nigeria, the State High Court, or the Federal High Court to press home our demands.”
“This PRE-ACTION NOTICE is based upon the fact that your proclamation of the said state of emergency is in violation of various sections of the Constitution of the Federal Republic of Nigeria, 1999, and other relevant laws,” they said.
