Some lawyers have approached a Federal High Court in Abuja For an order to compel President Bola Tinubu to declare a state of emergency in Zamfara State over the security challenges, community and legislative crises in the state.
The plaintiffs in the suit are Reuben Boma, Okoro Nwadiegwu, and the Incorporated Trustees of One Love Foundation.
They sought an order mandating the National Assembly to take over the Zamfara State House of Assembly in the interest of justice, peace, democracy and the good and progress of the people of the state.
The defendants in the suit are the attorney-general of the federation, President of Federal Republic of Nigeria, Speaker of the Federal House of Representatives, Attorney General of Zamfara State and the Governor Of Zamfara State.
Amid a security crisis, the political space in Zamfara has been enmeshed in a political crisis which turned for the worse after the State House of Assembly split into rival factions camps in April this year, with each camp claiming legitimacy and operating parallel legislative chambers.
However, the plaintiffs, in suit numbered FHC/ABJ/CS/1363/25, dated July 8, 2025 and filed by Goddy Uche, SAN, raised four questions for determination by the court and also prayed the court for four declarative reliefs.
One of the questions raised for determination was: “Whether having regard to the provisions of Section 42, 92, 98, 100, 103, 305, 104 and 109 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) and the prevailing circumstances and turn out of events, in there legislative, political and security unrest in the said Zamfara State and Zamfara State House of Assembly and whether a state of emergency cannot be declared under this circumstances?”
The second question was “Whether by the provisions of the Constitution, either expressly or by implication of its provisions, whether it authorize the President of the Federal Republic of Nigeria, by Proclamation published In the Federal Government Gazette as Statutory Instrument, to Issue a state of emergency with or without removal of office of the Governor and deputy or otherwise and whether the exercise of such powers is not contained in section 305(1),(2),(3)a,b,¢ of the Constitution of the federal republic of Nigeria 1999 as amended in (2011).”
The next question raised by the lawyers was whether by the Interpretation of Section 11(4) and 305 of the Constitution of the Federal Republic of Nigeria, the recent security challenges and the imperative legislative crisis in the Zamfara State House of Assembly and or beyond, due to illegal suspension of 10 members from the Zamfara State House of Assembly and the ability of the state house of assembly to form a legal quorum and conduct legislative business, and whether the Federal House of Representatives is not empowered to take over the functions of the legislative business in the Zamfara State House of Assembly in the best interest of public peace, justice, democracy and tranquility.
Also, the Plaintiffs jointly and severally seek the following reliefs: A declaration that in view of the recent security challenges, community crisis, legislative crisis, there is breakdown of law and order and imminent danger to Zamfara State and the Federal Republic of Nigeria at large.
“A declaration and mandatory order of this court compelling the President of the Federal Republic of Nigeria, to by Proclamation published in the Federal Government Gazette as Statutory Instrument, to issue a state of emergency with or without removal from office of the Governor and deputy or otherwise and to exercise such other powers as contained in section 305(2),(3)a,b.c of the Constitution of the Federal Republic of Nigeria 1999 as amended in (2011).
“A declaration that in view of the clear and unambiguous provisions of Sections 42, 92, 98, 100, 103, 104,11, and 109 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), the Zamfara State House of Assembly is not properly constituted by the illegal suspension of 10 members from the Zamfara State House of Assembly and the ability of the state house of assembly to form a legal quorum and conduct legislative business.
“An order of this Honourable Court mandating the National Assembly of the Federal Republic of Nigeria to take over the Zamfara State House of Assembly in the overall best interest of Justice, Peace, Democracy and for the good and progress of the good people of Zamfara State and the Federal Republic of Nigeria,” the court paper stated.
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