A group of public interest lawyers have approached the Federal High Court in Abuja, seeking an order compelling President Bola Ahmed Tinubu to declare a state of emergency in Zamfara State.

The lawyers in an originating summons marked FHC/ABJ/CS/1363/25, dated July 8, 2025, argued that their request is based on the escalating insecurity and political crisis in the state.

The plaintiffs in the suit, Reuben Boma, Okoro Nwadiegwu, and the Incorporated Trustees of One Love Foundation, asked the court to mandate the National Assembly to take over the Zamfara State House of Assembly in the interest of justice, peace, democracy, and the well-being of the people of Zamfara State.

The defendants in the suit are the Attorney General of the Federation, the President of the Federal Republic of Nigeria, the Speaker of the House of Representatives, the Attorney General of Zamfara State, and the Governor of Zamfara State.

The suit, which was filed by Goddy Uche (SAN) on behalf of the plaintiffs, raised four questions for the court to determine while it sought four declaratory reliefs.

The questions raised include, “Whether, in light of Sections 42, 92, 98, 100, 103, 104, 109, and 305 of the 1999 Constitution (as amended), and the prevailing political, legislative, and security unrest in Zamfara State and its House of Assembly, a state of emergency cannot be declared under the current circumstances.

“Whether, by the express or implied provisions of the constitution, the president is empowered, by proclamation published in the Federal Government Gazette, to declare a state of emergency, with or without removing the Governor or Deputy Governor, and whether such powers are not specifically provided under Section 305(1), (2), (3)(a), (b), and (c) of the constitution.

“Whether, based on the interpretation of Sections 11(4) and 305 of the constitution, the current security crisis and legislative deadlock in the Zamfara State House of Assembly, caused by the suspension of 10 lawmakers, which has affected the ability of the house to form a quorum and conduct business, justifies the House of Representatives taking over its legislative functions in the interest of public peace, justice, and democracy”.

The plaintiffs also jointly and severally sought the following reliefs:

The suit partly read, “A declaration that the prevailing security challenges, communal conflicts, and legislative crisis in Zamfara State amount to a breakdown of law and order, posing an imminent threat to both the state and the Federal Republic of Nigeria at large.

“A declaration and mandatory order compelling the President of the Federal Republic of Nigeria to declare a state of emergency in Zamfara State, through a proclamation published in the Federal Government Gazette, with or without the removal of the Governor and Deputy Governor, and to exercise such powers as provided under Section 305(2), (3)(a), (b), and (c) of the 1999 Constitution (as amended in 2011).

“A declaration that, based on Sections 42, 92, 98, 100, 103, 104, 11, and 109 of the Constitution, the Zamfara State House of Assembly is not properly constituted due to the illegal suspension of 10 of its members, rendering it unable to form a quorum or conduct valid legislative business.

“An order compelling the National Assembly to take over the legislative functions of the Zamfara State House of Assembly in the interest of justice, peace, democracy, and the well-being of the people of Zamfara State and Nigeria as a whole.” (LEADERSHIP)