Two Nigerian lawyers have filed a lawsuit at the Federal High Court in Abuja seeking to compel President Bola Tinubu to declare a state of emergency in Zamfara State, citing worsening insecurity and a legislative breakdown.

The suit, FHC/ABJ/CS/1363/25, was filed by legal practitioners Reuben Boma and Okoro Nwadiegwu, alongside a civil society group, the Incorporated Trustees of One Love Foundation.

Joined as co-defendants in the case are the Attorney General of the Federation, Speaker of the House of Representatives, Attorney General of Zamfara State, and the Zamfara State Governor.

Grounds for the Lawsuit

The plaintiffs, represented by Chief Goddy Uche (SAN), argue that the security situation in Zamfara has deteriorated significantly, compounded by a legislative crisis following the suspension of 10 lawmakers from the Zamfara State House of Assembly.

They contend that the suspension has crippled the Assembly’s ability to form a quorum, thereby rendering it incapable of performing its constitutional legislative duties.

Relying on constitutional provisions, particularly Sections 11(4) and 305, the plaintiffs maintain that Tinubu is empowered to declare a state of emergency when governance collapses in a state.

One of the key legal questions posed in the suit is whether the current insecurity and legislative dysfunction justify the National Assembly taking over legislative functions in Zamfara, as permitted under the Constitution.

Reliefs Sought

The plaintiffs are asking the court to:

  • Compel Tinubu to issue a proclamation declaring a state of emergency in Zamfara, to be published in the official gazette.

  • Direct the National Assembly to assume legislative functions in Zamfara in the interest of peace, democracy, and security.

They argue that the prevailing lawlessness and political instability in the state endanger not just Zamfara but the Federal Republic of Nigeria at large.