The Because Of Our Tomorrow (BOOT) Party and its top officials have sued President Bola Tinubu and the Nigerian government at the Federal High Court in Yenagoa, Bayelsa State, over the suspension of Rivers State’s democratically elected officials under an emergency rule recently imposed on the oil-rich state.
They urged the court to declare that the president “cannot take over the control and the functions of the democratically elected government of a State” under the guise of a proclamation of a state of emergency.
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The plaintiffs argued that the imposition of a “Sole Administrator” to rule any state is unknown to the Nigerian constitution.
The party and its officials urged the court to declare as “null and void” the National Assembly’s approval of the State of Emergency in Rivers state. The plaintiffs also want the High Court to declare the action as utterly in gross violation of provisions of the Nigerian constitution.
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They urged the court to restore the democratic structures suspended by Mr Tinubu under the pretext of the emergency rule.
They also prayed for a perpetual injunction barring the Central Bank of Nigeria, the Accountant General of Nigeria, and all banks in Nigeria from releasing funds from the consolidated funds, or internally generated revenue of belonging to Rivers State or any other state in Nigeria to any “Sole Administrator of Rivers State” or any position not recognised in the Nigerian constitution.
Both the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Abbas Tajudeen, along with 14 principal officers of both chambers of the National Assembly are sued as co-defendants alongside Mr Tinubu and the Nigerian government.
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The suit was jointly filed last Wednesday (9 April) by the BOOT Party, its national chairperson, Sunday Adenuga, and Rivers Sate chapter chairperson, Abednego Oli.
The plaintiffs told the court that the State of Emergency declaration in Rivers State has denied them the opportunity to field candidates in the election for the constituencies represented in the Rivers State local government elections fixed for 9 August.
Where the court establishes that the emergency rule was inappropriately approved by the National Assembly, the plaintiffs sought from the court a N20 billion award in its favour and against the federal government as compensation for the “tensions, emotional trauma, waste and losses occasioned to its preparations for political process in Rivers State in the coming Local Government election that is thwarted by the wrongful imposition of a State of Emergency and for the losses incurred.”
Emergency rule
PREMIUM TIMES reported that Mr Tinubu declared a state of emergency in the South-southern state on 18 March.
The president also suspended Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all the House of Assembly members for an initial six months.
The president consequently appointed Ibok-Ete Ibas as the sole administrator of the state.
He cited the recent “disturbing” incidents in the state, including explosions and the vandalisation of petroleum pipelines linked to the political crises in the state, as the basis for his action.
The disturbing incidents also included the political crises in the South-south state triggered by a rift between Mr Fubara and his predecessor, Nyesom Wike, the minister of the FCT.
On 20 March, the House of Representatives approved the declaration of a state of emergency in the south-south state.
The Senate would later follow suit, approving the emergency rule with minor changes.
Before the BOOT party sued the federal government, seven states – Adamawa, Bauchi, Zamfara, Plateau, Bayelsa, Enugu and Osun – led by the PDP have asked the Supreme Court to reverse the suspension of the elected officials under the emergency rule.
Federal High Court challenge
The BOOT Party and its co-plaintiff argued, among others, that President Tinubu lacked statutory powers to suspend a serving governor and deputy governor and appoint a sole administrator to replace them.
They also argued that the emergency rule proclamation by Mr Tinubu and backed by the National Assembly, did not comply with the constitutional requirements.
They argued that the National Assembly’s approval of the state of emergency through a voice vote was inoperative in the face of unequivocal constitutional provision that such an approval required mandatory two-third majority vote of members of each of the legislative chambers of the National Assembly.
The plaintiffs asked the court to set aside the approval of the emergency rule by the National Assembly through voice votes, as same, they argued, failed to meet constitutional requirements.
They also urged the High Court to nullify the appointment of a Sole Administrator to superintend over Rivers State.
Other prayers of the plaintiffs include an order of this honourable court restoring democratic governance in Rivers state under Mr Fubara.
“An order of MANDAMUS compelling the federal government, President Tinubu and National Assembly to forthwith lift, suspend and end the concocted, unwarranted, disruptive, ill-conceived, feigned and superficial State of Emergency imposed on any part of Nigeria, Rivers State inclusive, and to desist from distorting, inhibiting, disturbing, and restricting democratic processes for which the Plaintiffs are by law entitled to participate, field candidates and vie for elective positions in the processes leading to the governance of a State or Local Government Election by restoring democratic processes in Rivers State.
“An order of PERPRTUAL INJUNCTION restraining the Central Bank of Nigeria, Accountant General of Nigeria, Zenith Bank Plc, Access Bank Plc and all other banks in Nigeria from releasing, giving, handing over, disbursing or paying any money or funds from the consolidated funds, or internally generated Revenue of a State howsoever belonging to a State Government, including Rivers State, to any unconstitutionally recognised position including but not limited the unknown position of “Sole Administrator of Rivers State” that has been created, manufactured, constructed, designed by the President and members of the National Assembly contrary to Section 1(2), Section 5(2), Section 11(4), Section 76, Section 188 of the Constitution of Nigeria 1999 (as amended).
“An order of awarding to the Plaintiffs the sum of N20,000,000,000 (Twenty Billion Naira) against the Federal Government of Nigeria under the 2nd-18th Defendants as damages to assuage the Plaintiffs for the tensions, emotional trauma, waste and losses occasioned to its preparations for political process in Rivers State in the coming Local Government election that is thwarted by the wrongful imposition of a State of Emergency by the 2nd to the 20th Defendants and for the losses incurred.”
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