Lawyers Sue President Tinubu, Seek Emergency Rule in Zamfara

Two Nigerian lawyers have filed a lawsuit at the Federal High Court in Abuja, asking the judiciary to compel President Bola Tinubu to declare a state of emergency in Zamfara State. The plaintiffs, Reuben Boma and Okoro Nwadiegwu, argue that the worsening security situation and an ongoing legislative crisis in the state necessitate urgent federal intervention. They are joined in the suit by a non-governmental organization, the Incorporated Trustees of One Love Foundation.

The suit, marked FHC/ABJ/CS/1363/25, also names several top government officials as defendants, including the Attorney General of the Federation, the Speaker of the Federal House of Representatives, the Attorney General of Zamfara State, and the Governor of Zamfara State.

The plaintiffs, through their counsel Chief Goddy Uche (SAN), are asking the court to determine whether the Nigerian Constitution authorizes the President to declare a state of emergency given the current conditions in Zamfara. They cite specific sections of the Constitution—particularly Sections 42, 92, 98, 100, 103, 104, 109, and 305—which, they argue, empower the President to act in the face of security breakdowns and legislative paralysis.

Central to their argument is the claim that the Zamfara State House of Assembly is no longer properly constituted following the alleged illegal suspension of ten members, which, they say, undermines the Assembly’s ability to form a quorum and conduct legislative business.

The lawyers are also urging the court to direct the National Assembly to take over legislative functions in Zamfara, citing the Federal Constitution’s provisions under Sections 11(4) and 305. According to them, the current situation poses a threat to peace, democracy, and governance both in Zamfara and across Nigeria.

They seek a court declaration that a breakdown of law and order now exists in Zamfara, requiring the President to issue a proclamation of a state of emergency. The court is also being asked to mandate the National Assembly to assume full legislative authority in the state in the interest of public peace and national stability.

As of now, no date has been set for the hearing of the case.