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Civil Revolution

THE PEOPLE OF NIGERIA AND THE EXECUTIVE AND LEGISLATIVE ARM DRAFT COPY

  • Writer: NEAT
    NEAT
  • Mar 23
  • 5 min read


IN THE SUPREME COURT OF NIGERIA

SUIT NO: [Insert Number]

IN THE MATTER OF:

The Constitution of the Federal Republic of Nigeria, 1999 (As Amended)

ANDIN THE MATTER OF:

The Unconstitutional Actions of the Executive and Legislative Arms of the Government of the Federal Republic of Nigeria

BETWEEN:

The People of Nigeria,

Represented by [Insert Legal Representative Name/Organization],

CLAIMANTS

AND

The Executive Branch of the Federal Government of Nigeria,

Represented by the President of the Federal Republic of Nigeria,

DEFENDANT 1

AND

The Legislative Branch of the Federal Government of Nigeria,

Represented by the National House of Representative and the Senate

DEFENDANT 2


STATEMENT OF CLAIM

  1. The Claimants' Identity and Representation:

    The Claimants, whose names, places of origin, and signatures appear in Appendix 1 attached to this suit, are bona fide citizens of the Federal Republic of Nigeria. The Claimants are duly recognized as the sovereign people of Nigeria, the ultimate custodians of the nation’s sovereignty, as stipulated by Section 14(2)(a) of the Constitution of Nigeria, 1999 (As Amended).

  2. Jurisdiction of the Court:

    This Honourable Court has jurisdiction to entertain this suit under Section 6(6)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), which grants the judiciary the power to interpret the Constitution and safeguard the rights of citizens of Nigeria.

  3. Facts of the Case:

    a. On or about March 18-20, 2025, the Executive and Legislative branches of the Federal Government of Nigeria, led by the President and the National Assembly, took actions under the pretext of a state of emergency in Rivers State.

    b. These actions, specifically the suspension of the Governor of Rivers State, the Deputy Governor, and the entire State House of Assembly, along with other similar actions, were carried out without the due process required by the Constitution.

  4. c. The Executive and Legislative branches violated the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), particularly Sections 5, 58, 59, 305, 6, 4, and 9, regarding the powers, rights, and processes involved in declaring a state of emergency, suspending elected officials, and appropriating legislative duties.


SPECIFIC BREACHES BY THE EXECUTIVE

  1. Declaration of State of Emergency

    • Section 305 of the Constitution: This section provides that a state of emergency may be declared only in the event of an imminent threat to the sovereignty of the nation or to law and order. There was no imminent threat to either sovereignty or law and order in Rivers State at the time, as the events leading to the declaration of the state of emergency did not meet the constitutional threshold. The President’s declaration therefore breached the constitutional requirements.

  2. Suspension of Democratically Elected Officials

    • Section 7(1) of the Constitution: This section guarantees that the government of every state shall be democratic. The suspension of elected officials, including the Governor and Deputy Governor, along with the entire State House of Assembly, violates this fundamental principle of democracy.

  3. Imposition of a Sole Administrator

    • Section 5(1) of the Constitution: The powers vested in the Executive do not include the unilateral suspension of elected state officials or the imposition of a Sole Administrator without due process. This action is unconstitutional and undermines the democratic structure of the state.


  4. Appropriation of Legislative Duty by the Executive

    • Section 4(2) of the Constitution:

      This section clearly states that the powers of the National Assembly to make laws for the peace, order, and good government of Nigeria are not to be encroached upon by the Executive. The Executive’s actions in bypassing the legislative processes in amending the Constitution and other decisions constitute unconstitutional appropriation of legislative functions. The appropriation of the legislative duty of the State House of Assembly to the Federal Executive Council by the Executive also violates this section.


  5. Swearing in of an Undemocratic Administrator

    • Section 7(1) of the Constitution:

      The imposition of an undemocratic, non-elected individual to oversee the governance of Rivers State without any form of democratic election or due process is a clear violation of the Constitution and a disregard for the people’s sovereignty.


  6. Violation of a Judicial Order

    • Section 6(6)(b) of the Constitution:

      The judiciary, through the court, had already issued an order not to release funds to the state pending the resolution of the matter between the governor and the state house of assembly. The failure of the Executive to comply with this order constitutes a violation of the separation of powers principle and an infringement of the Constitution.


SPECIFIC BREACHES BY THE LEGISLATIVE ARM

  1. Failure to Conduct an Open Session on Constitutional Breaches

    • Section 58(1)(a) of the Constitution: The National Assembly has the constitutional duty to conduct open sessions on matters related to constitutional breaches. The failure to hold such a session on the specific elements of the declaration of a state of emergency that relates to constitutional breaches and amendments is a violation of their duty to act transparently.


  2. Failure to Conduct a Head Count to Ensure Two-Thirds Approval

    • Section 58(2) and 59(1)(a) of the Constitution: The National Assembly is required to ensure that constitutional amendments or major actions are supported by two-thirds of its members. A head count to verify this majority was not conducted before consenting to all the constitutional amendments embedded in the declaration of state of emergency.


  3. Failure to Ensure Two-Thirds Approval from the State Assemblies

    • Section 9(2) of the Constitution: For any constitutional amendment to take effect, it must be approved by two-thirds of the State Houses of Assembly in all 36 states. The National Assembly failed to ensure this process was followed before approving the actions in question.


  4. Violation of Protocol for Constitutional Amendments

    • Section 9 of the Constitution: The National Assembly, when considering constitutional amendments, must engage in debate and pass the amendment before it reaches the President for assent. The legislative process in this case did not follow this procedure and violated the constitutional protocol.


  5. Appropriation of State Legislative Duty to the Federal Executive Arm

    • Section 4(2) of the Constitution: The National Assembly’s decision to allow the Federal Executive to assume powers normally reserved for the State Assemblies, especially concerning the state of emergency, is a direct violation of the Constitution.


RELIEFS SOUGHT

The Claimants, therefore, respectfully request the Honourable Court to grant the following reliefs:


  1. An Order directing the Executive and Legislative branches of the Federal Government of Nigeria to immediately rescind all unconstitutional actions taken, including the suspension of the Governor, Deputy Governor, and the House of Assembly of Rivers State, and to restore the constitutional order in Rivers State.


  2. An Order directing the President of the Federal Republic of Nigeria and the National Assembly to issue a public apology for their unconstitutional actions and their breach of the oath to protect the Constitution.


  3. An Order requiring the Judiciary, through the Supreme Court, to affirm the authority of the people of Nigeria as the ultimate custodians of the nation’s sovereignty, and to reaffirm that all branches of government, including the Judiciary, are agents of the people, subject to the will and authority of the people, as enshrined in Section 14(2)(a) of the Constitution. This includes a reminder that no branch of government, whether Executive, Legislative, or Judicial, is above the sovereignty of the people.


  4. An Order for the establishment of a civilian panel, inclusive of non-partisan members, to resolve the disputes in Rivers State and provide the public with a detailed, transparent report on the circumstances surrounding the state of emergency declaration and the actions taken by the Executive and Legislative branches.


  5. A Declaration that the actions taken by the Executive and Legislative branches are in violation of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), and are, therefore, unlawful.


  6. A Declaration that the federal government, under the current leadership, is bound to respect the constitutional provisions regarding the sovereignty of the people, and no branch of government may overstep its boundaries in an undemocratic manner.


DATED THIS [insert date] DAY OF [insert month], [insert year].

SIGNED[Claimants' Legal Representative][Law Firm/Organization Name]


We're seeking local legal representative in this matter. Email neatcommunity.ng@gmail.com


Appendix 1:(List of Signatories, Names, Places of Origin, and Signatures)


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