Lawyers sue Tinubu, demand emergency rule in Zamfara
The Federal High Court in Abuja has been petitioned by two lawyers to force President Bola Tinubu to declare a state of emergency in Zamfara State.
In addition, Reuben Boma and Okoro Nwadiegwu, the plaintiffs, argue that the Zamfara State House of Assembly is improperly constituted because of the “illegal suspension of 10 members” and “the ability of the State House of Assembly to form a legal quorum and conduct legislative business.”
The third plaintiff in the case petitioning Tinubu was identified as the Incorporated Trustees of One Love Foundation, a non-governmental organisation.
In addition to President Tinubu, the Attorney General Federation, the Speaker of the Federal House of Representatives, the Attorney General of Zamfara State, and the Governor of Zamfara State are also defendants in the lawsuit with the filing number FHC/ABJ/CS/1363/25.
Specifically, the plaintiffs, through their counsel, Chief Goddy Uche, SAN, raised for questions for the court to determine, among which included: “Whether having regard to the provisions of Section 42, 92, 98, 100, 103, 305, 104 and 109 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) and the prevailing circumstances and turn out of events, in the legislative, political and security unrest in the said Zamfara State and Zamfara state House of Assembly, and whether a state of emergency cannot be declared under this circumstances.
“Whether by the provisions of the Constitution, either expressly or by implication of its provisions, whether it authorize the President of the Federal Republic of Nigeria, by Proclamation published In the Federal Government Gazette as Statutory Instrument, to issue a state of emergency with or without removal of office of the Governor and deputy or otherwise and whether the exercise of such powers is not contained in section 305(1),(2),(3)a,b, c of the Constitution of the federal republic of Nigeria 1999 as amended in (2011).
As well as, “Whether by the Interpretation of Section 11(4) and 305 of the Constitution of the Federal Republic of Nigeria, the recent security challenges and the imperative legislative crisis in the Zamfara State House of Assembly and or beyond, due to illegal suspension of 10 members from the Zamfara State House of Assembly and the ability of the state house of assembly to form a legal quorum and conduct legislative business, and whether the Federal House of Representatives is not empowered to take over the functions of the legislative business in the Zamfara State House of Assembly in the best interest of public peace, justice, democracy and tranquility.”
Upon the determination of the questions, the plaintiffs are praying the court to declare that “in view of the recent security challenges, community crisis, legisiative crisis, there is break down of law and order and imminent danger to Zamfara Suate and the Federal Republic of Nigeria at large.”
“A declaration and mandatory order of this court compelling the President of the Federal Republic of Nigeria, to by Proclamation published in the Federal Government Gazette as Statutory Instrument, to issue a state of emergency with or without removal from office of the Governor and deputy or otherwise and to exercise such other powers as contained in section 305(2),(3)a,b.c of the Constitution of the federal Republic of Nigeria 1999 as amended in (2011).
“A declaration that in view of the clear and unambiguous provisions of Sections 42, 92, 98, 100, 103, 104,11, and 109 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), the Zamfara State House of Assembly is not properly constituted by the illegal suspension of 10 members from the Zamfara State House of Assembly and the ability of the state house of assembly to form a legal quorum and conduct legislative business.
