Alex Enumah in Abuja

A former Deputy Speaker of the Rivers State House of Assembly, Rt. Hon. Marshall Stanley-Uwom, has sued the President of the Federal Republic of Nigeria, the leadership of the National Assembly amongst others, over the proclamation of a state of emergency and the appointment of Vice Admiral Ibok-Ete Ibas, Rtd, as Sole Administrator of Rivers State.

The former deputy speaker by the suit filed before a Federal High Court Abuja, is specifically asking the court to stop the federal government from releasing allocations accruable to the Local Government Councils, LGCs, in the state, to the Sole Administrator.

Stanley-Uwom who was a lawmaker during the tenure of former governor and current Minister of the Federal Capital Territory (FCT), Mr. Nyesom Wike, is also asking the court to declare that by virtue of Section 7(1) of the 1999 Constitution, as amended, as well as the judgment of the Supreme Court, the sole administrator cannot legally appoint unelected officials as caretakers to run the affairs of the LGCs in Rivers state.

While President Bola Tinubu is the 1st defendant, the National Assembly; the Senate; Senate President; House of Representatives; Speaker of the House of Representatives; Vice Admiral Ibas, Rtd; Central Bank of Nigeria (CBN); Accountant General of the Federation; and the Federation Account Allocation Committee are 2nd to 10th defendants in the suit marked: FHC/ABJ/CS/797/2025.

Among reliefs the plaintiff is seeking from the court included: “An order that the State of Emergency in Rivers State issued and or proclaimed by the President has ceased to have effect.”

He is also praying for, “An order compelling the 7th Defendant (Ibas) to immediately vacate the office of Sole Administrator of Rivers State and allow the democratically elected Governor of Rivers State to resume his office.”

Stanley-Uwom, in the Originating Summons he filed on April 24, through a team of lawyers led by Mr. Sylvester I. Evbuomwan, is also asking the court to determine:
“Whether by virtue of Section 305 (6) (b) of the Constitution of The Federal Republic of Nigeria, 1999 (As Amended) the Proclamation issued by the President has ceased to have effect in the absence of a resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation”.

He is further asking for another determination, “Whether by virtue of Section 197 and 198 of the Constitution of The Federal Republic of Nigeria, 1999 (As Amended) the 7th Defendant can legally remove from office the Chairman and members of the Rivers State Independent Electoral Commission (RSIEC) who were appointed and confirmed by the Rivers State House of Assembly and appoint a new Chairman and members for the Rivers State Independent Electoral Commission (RSIEC).”

In a 16-paragraphed affidavit he personally deposed to in support of the legal action, the plaintiff, told the court that Tinubu had relied on Section 305 of the Constitution to declared a state of emergency in Rivers State and also suspended Mr Siminalayi Fubara, who was lawfully elected Governor of Rivers State in 2023.

He pointed out that the 3rd and 5th Defendants at their plenary sessions of March 20, 2025, “purportedly approved the request of President Bola Ahmed Tinubu to proclaim a state of emergency in Rivers State without proper votes establishing and or showing that two-thirds majority votes were secured to support or approve the Proclamation of state of emergency in Rivers State as declared by the 1st Defendant.

“That instead the 4th and 6th Defendants proclaimed that they had secured resolution of the 3rd and 5th Defendants at their plenary sessions through voice votes and not through proper vote count as required for the passing of a resolution of this nature.

“That on March 19, 2025 the 1st Defendant swore in the 7th Defendant as the Sole Administrator of Rivers State. That the 7th Defendant thereafter immediately took over the affairs of the administration of Rivers State by moving into the government house of Rivers State.

“That upon taking over the affairs of the government of Rivers State, the 7th Defendant sacked all the officers in charge of the affairs of the Local Government of Rivers State and appointed a new set of Local Government Caretaker Committee to run the affairs of the LGA’s in Rivers State.

“That the 7th Defendant also removed from office the Chairman and members of the Rivers State Independent Electoral Commission (RSIEC) appointed and confirmed by the Rivers State House of Assembly and appoint a new Chairman and members for the Rivers State Independent Electoral Commission (RSIEC).

“That the 8th, 9th and 10th Defendant have been releasing allocations accruable to the LGAs of Rivers State to the appointed caretaker committees appointed by the 7th Defendant and also releasing to the 7th Defendant all allocations accrued to Rivers’ state.

“That the 7th Defendant is utilizing the fund of Rivers state without parliament appropriations.

“That it shall be in the interest of justice to grant all the reliefs in the originating Summons,” the plaintiff averred.

Meanwhile, no date has been fixed for hearing in the case.

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