The Association of Legislative Drafting and Advocacy Practitioners, ALDRAP, on Wednesday asked President Bola Tinubu to immediately reverse the state of emergency he declared in Rivers State or face court action.
The lawyers’ association is also threatening the President with legal action over reports that Governor Sim Fubara and his family are being held hostage by soldiers and other security operatives at the Rivers State Government House.
DAILY POST reports that Tinubu, in a nationwide broadcast on Tuesday night, declared a state of emergency in Rivers State.
Justifying the decision, the President said he was “greatly disturbed about the political crisis” in the state and accused Governor Fubara of demolishing the State House of Assembly building.
Fubara, his deputy Ngozi Odu, and all elected members of the Rivers State House of Assembly were suspended for an initial period of six months. A retired Vice Admiral, Ibok-Ete Ibas, was appointed as Administrator to take charge of the state’s affairs during the emergency period.
Tinubu has come under fire from several quarters, with many Nigerians questioning the legality and propriety of the decision.
A pre-action notice obtained by DAILY POST on Wednesday indicates that the President is likely to face court action over the development.
In a letter dated March 19, 2025, and addressed to the President, a group of professional legislative lawyers, ALDRAP, notified Tinubu of its intention to seek a court order compelling him to retract the Gazette issued to declare the state of emergency in the oil-rich state.
ALDRAP, in the letter written by its lawyer, Kenneth Amadi, stated that the President’s declaration violated various sections of the 1999 Constitution of the Federal Republic of Nigeria.
The letter is titled: ‘Pre-Action Notice: Application for an Order of Mandamus to compel your retraction of the Gazette dated 18th March 2025 on the declaration of a state of emergency in Rivers State on grounds of failure to append a resolution of the National Assembly in support thereof, and the lack of evidence of absence of governance in Rivers State in accordance with the Freedom of Information Act, 2011’.
Parts of the letter read:
“The Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) is a professional association of lawyers who are staff of the National Assembly and other legislatures within Nigeria and beyond.
“We write this PRE-ACTION NOTICE to respectfully request your retraction of the Gazette dated 18th March 2025, where you purportedly declared and imposed a state of emergency upon Rivers State.
“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, as follows:
1. Violation of Section 42 of the Nigerian Constitution by preventing our members, who are both staff of the Rivers State House of Assembly and the Rivers State Government House (including other officials of the Executive Arm of the Rivers State Government such as Commissioners and the Office of the Secretary to the Rivers State Government), from being involved in gainful employment to earn money for property acquisition through mortgage, etc.
2. The said Gazette dated 18th March 2025, which purports to appoint a Sole Administrator, is a direct violation of Section 1(2) of the Constitution of the Federal Republic of Nigeria, 1999, which states: ‘The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.’
3. There is no resolution of the National Assembly in support of the said Gazette as stipulated under Section 305 of the Nigerian Constitution.
4. There is no prima facie evidence of failure on the part of the Governor of Rivers State in performing his duties since the Supreme Court of Nigeria’s judgment dated February 28, 2025.
“This PRE-ACTION NOTICE is brought pursuant to the provisions of the Freedom of Information Act, 2011, which entitles our association (ALDRAP) to access evidence of dereliction of duty by the Governor of Rivers State—a condition precedent before the publication of a Gazette under Section 305 of the Nigerian Constitution.”
In another letter, also dated March 19, 2025, the lawyers asked the President to order the immediate removal of soldiers and other security personnel alleged to be subjecting Fubara to illegal imprisonment at the Rivers State Government House in Port Harcourt.
The second letter is titled: ‘Request for urgent intervention to order the immediate withdrawal of the Armed Forces and other security personnel that are subjecting His Excellency Governor Fubara to illegal imprisonment at the Government House, Port Harcourt, Rivers State, in contravention of the Constitution of the Federal Republic of Nigeria, 1999.’
Citing reports that Fubara and his family are being held hostage by heavily armed soldiers and other security agents, the group told the President:
“We respectfully request your immediate intervention by way of the immediate withdrawal of the said armed forces and security personnel.”
The letter added:
“Take notice that, as constituents, and as some of us are staff of the Rivers State Government House, the fundamental rights of the said staff and the Governor of Rivers State, whom we elected, are being impeded without compliance with a valid court order.
“Therefore, we shall undertake litigation to press home our demands if you fail to intervene within two hours of this letter.”