By Mahdi Waziri Isa
A group, the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), has threatened to take legal action against President of the Federal Republic of Nigeria, unless he retracts the Gazette dated 18th March 2025, declaring a State of Emergency in Rivers State.
In a pre-action notice signed by Kenneth A. Amadi, Esq., lawyer to ALDRAP, the group argued that the President’s proclamation of the State of Emergency is in violation of various sections of the Constitution of the Federal Republic of Nigeria, 1999, and other relevant laws.
Specifically, ALDRAP cited the violation of Section 42 of the Nigerian Constitution, which prevents its members, who are staff of the Rivers State House of Assembly and the Rivers State Government House, from being involved in gainful employment to earn money to acquire property through mortgage, etc.
The group also argued that the Gazette dated 18th March 2025, which purports to appoint a Sole Administrator, is a direct violation of Section 1(2) of the Constitution of the Federal Republic of Nigeria, 1999, which states that “the federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this constitution.”
Furthermore, ALDRAP pointed out that there is no Resolution of the National Assembly in support of the Gazette, as stipulated under Section 305 of the Nigerian Constitution, and that there is no prima facie evidence of failure of the Governor of Rivers State in performance of his duty since after the judgment of the Supreme Court of Nigeria dated February 28th, 2025.
The group, which is a professional association of lawyers who are staff of the National Assembly and other legislatures within Nigeria and beyond, is demanding that the President retracts the Gazette and provides evidence of dereliction of duty by the Governor of Rivers State, which is a condition precedent before the publication of a Gazette under Section 305 of the Nigerian Constitution.
ALDRAP has given the President a deadline to respond, failing which it will commence legal action at either the National Industrial Court of Nigeria or the State or the Federal High Court to press home its demands.