Members of the Ijaw Youths Council have taken the federal government to the community court of justice of the Economic Community of West African States (ECOWAS Court) in Abuja over the declaration of emergency rule in Rivers state.
The move comes days after President Bola Tinubu declared a state of emergency in the oil-rich state over political and security instability.
The applicants in the suit dated March 20 include Comrade Ibiso, John Benjamin, Alpheus Ngere, Tamunokuro Tomquin, Benjamin Kemuel, Fabians Abbey, Williams Toby, Dabo Briggs, Precious Otoni, Attah Ebirin, and Tonye Stephen.
The suit is seeking an order of the court to set aside the suspension of elected officials and removal of the democratic structures and institutions in the state.
The applicants, on their behalf and eastern zone of the Ijaw youth council, want an order setting aside all decisions issued by Ibok-Ete Ibas, the sole administrator, who was appointed by the president.
They also request for a court order for $10 million for punitive and exemplary damages caused by the actions of the federal government.
“The crux of the applicant’s complaint is anchored on the infringements on their rights to have a government of their choice as people of Rivers State in their individual and collective capacities as the defining constitutional order under the framework of democratic values laden with popular participation and legitimacy installed through popular elections,” a part of the suit reads.
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“The deliberate disruption of the democratic order in any part of the national structure questions the democratic practice and constitutional authenticity of the nation state, as the forceful removal of popular sovereignty in a part or fraction of the national landscape translates to the non-existence of liberal democracy and non-application and conformity with constitutional norms in the entire federation.
“The enthronement of an illegal and unconstitutional order in any form within a constitutional democracy threatens the very idea of freedom and precipitates loss of genuineness on the part of the state and its institutions of any legitimate claim to a constitutional democracy.
“A state of emergency cannot be guise or subterfuge for the usurpation of the executive functions of the Governor or the exercise of the law making powers of the legislature.”
