The Because Of Our Tomorrow (BOOT) Party has sued President Bola Tinubu and the Nigerian government over the suspension of Rivers State’s democratically elected officials under an emergency rule recently imposed on the state.
Penpushing reports that the party and its top officials filed the suit at the Federal High Court in Yenagoa, Bayelsa State, urging 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.
The plaintiffs argued that the imposition of a Sole Administrator to rule any state is unknown to the Nigerian constitution and equally urged the court to declare as null and void the National Assembly’s approval of the State of Emergency in Rivers state.
Penpushing further reports that the party and the officials in same vein urged the High Court to declare the action as utterly in gross violation of provisions of the Nigerian constitution, and demanded for need to restore the democratic structures suspended by Tinubu under the pretext of the emergency rule.
The plaintiffs prayed for a perpetual injunction barring the Central Bank of Nigeria (CBN), 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.
Penpushing also reports that defendants on the suit include Senate President, Godswill Akpabio, Speaker of the House of Representatives, Rt Hon Abbas Tajudeen, as well as 14 principal officers of both chambers of the National Assembly
The plaintiffs informed 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 August 9, 2025.
Penpushing reports that 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.
The opposition party and its co-plaintiff argued, among others, said that President Tinubu lacked statutory powers to suspend a serving governor and deputy governor and appoint a sole administrator to replace them.
Penpushing further reports that they equally argued that the emergency rule proclamation by Tinubu and backed by the National Assembly, did not comply with the constitutional requirements.
The plaintiffs 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.
Penpushing also reports that they 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.
The plaintiffs in same vein urged the High Court to nullify the appointment of a Sole Administrator to superintend over Rivers State, while other prayers include an order of this honourable court restoring democratic governance in Rivers state under 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.”
Penpushing reports that the suit was jointly filed last Wednesday April 9, 2025) by the BOOT Party, its national chairperson, Sunday Adenuga, and Rivers State chapter chairperson, Abednego Oli.
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