Lawyers Ask Court To Compel Tinubu To Declare State Of Emergency In Zamfara

Two legal practitioners have approached the Federal High Court in Abuja seeking an order to compel President Bola Tinubu to declare a state of emergency in Zamfara State over what they described as a breakdown of law, order, and legislative integrity.

The plaintiffs, Reuben Boma and Okoro Nwadiegwu, along with a Non-Governmental Organisation (NGO), the Incorporated Trustees of One Love Foundation, are also praying the court to mandate the National Assembly to take over legislative duties in the state.

Naijaonpoint reports that in the suit marked FHC/ABJ/CS/1363/25, the applicants contend that the Zamfara State House of Assembly is no longer properly constituted, citing the “illegal suspension of 10 members” which they claim has crippled the Assembly’s ability to form a legal quorum and conduct legislative business.

According to the suit, the state’s legislative paralysis, combined with escalating security concerns, warrants a constitutional intervention through the declaration of a state of emergency.

Other defendants listed in the case include the Attorney General of the Federation, Speaker of the Federal House of Representatives, Attorney General of Zamfara State, and the Governor of Zamfara State.

The plaintiffs, through their lawyer, Chief Goddy Uche, SAN, posed several constitutional questions for the court to determine.

These include whether sections 42, 92, 98, 100, 103, 104, 109, and 305 of the 1999 Constitution (as amended) empower the President to issue a proclamation of a state of emergency, given the prevailing legislative and security crises in Zamfara.

“We are asking the court to interpret whether the Constitution allows the President to issue such a proclamation with or without removing the governor or deputy governor,” the plaintiffs’ counsel submitted.

They further argued that sections 11(4) and 305 justify the House of Representatives assuming legislative responsibilities when a state assembly becomes incapacitated.

Breakdown of Law And Order

In the motion, the plaintiffs urged the court to declare that “there is a breakdown of law and order and imminent danger” to Zamfara State and the nation at large, stemming from community conflicts, security breakdowns, and a paralysed legislature.

They are also seeking a “Mandatory order compelling the President to issue a proclamation of a state of emergency in line with the constitutional provisions; A declaration that the Zamfara Assembly is improperly constituted and legally incapable of performing its duties due to the suspension of 10 lawmakers; An order mandating the National Assembly to assume legislative functions in Zamfara State in the interest of democracy, peace, and public good.”

However, no date has been fixed for the hearing of the suit as of the time of filing this report, Naijaonpoint understands.