The Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) has asked President Bola Tinubu to retract the state of emergency declared in Rivers State or face legal action.

In a letter to the President made available to CITY LAWYER, the association poked several holes in the declaration, adding that “The said Gazette dated 18th March 2025 which purports to appoints (sic) a Sole Administrator is a direct violation of section 1(2) of the Constitution of the Federal Republic of Nigeria, 1999″ 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.”

It warned as follows: “TAKE NOTICE THAT IN THE EVENT OF YOUR FAILURE TO RETRACT OR RECALL THE SAID GAZETTE, WE SHALL COMMENCE LEGAL STEPS AT EITHER THE NATIONAL INDUSTRIAL COURT OF NIGERIA OR THE STATE OR THE FEDERAL HIGH COURT TO PRESS HOME OUR DEMANDS.

ALDRAP is a professional Association of lawyers who are staff of the National Assembly and other legislatures within Nigeria and beyond.

The full text of the pre-action notice reads:

19th March 2025.

Your Excellency,
President of the Federal Republic of Nigeria,
State House,
Abuja,
Federal Capital Territory (FCT).

Your Excellency, Sir,

PRE-ACTION NOTICE: APPLICATION FOR AN ORDER OF MANDAMUS TO COMPEL YOUR RETRACTION OF THE GAZETTE DATED 18TH MARCH 2025 ON DECLARATION OF STATE OF EMERGENCY IN RIVERS STATE ON GROUNDS OF FAILURE TO APPEND A RESOLUTION OF THE NATIONAL ASSEMBLY IN SUPPORT THEREOF AND THE LACK OF EVIDENCE OF ABSENCE OF NON-GOVERNANCE IN RIVERS STATE IN ACCORDANCE WITH THE FREEDOM OF INFORMATION ACT, 2011.

By way of introduction, my name is Kenneth A. Amadi, Esq., I am a legal practitioner and I write in my capacity as lawyer to the Association of Legislative Drafting and Advocacy Practitioners-ALDRAP.

The Association of Legislative Drafting and Advocacy Practitioners-ALDRAP is a professional Association of lawyers who are staff of the National Assembly and other legislatures within Nigeria and beyond.

We write this PRE-ACTION NOTICE to respectfully request your retraction of the Gazette dated 18th March 2025 where you purportedly declared and imposed a State of Emergency upon Rivers State.

TAKE NOTICE THAT IN THE EVENT OF YOUR FAILURE TO RETRACT OR RECALL THE SAID GAZETTE, WE SHALL COMMENCE LEGAL STEPS AT EITHER THE NATIONAL INDUSTRIAL COURT OF NIGERIA OR THE STATE OR THE FEDERAL HIGH COURT TO PRESS HOME OUR DEMANDS.

This PRE-ACTION NOTICE is based upon the fact that your Proclamation of the said State of Emergency is in violation of various sections of the Constitution of the Federal Republic of Nigeria, 1999 and other relevant laws as follows:

Violation of Section 42 of the Nigerian Constitution by preventing our members who are both staff of the Rivers State House of Assembly and the Rivers State Government House, (other officials of the Executive Arm of the Rivers State Government such as Commissioners, Office of the Secretary to the Rivers State Government, etc.) to be involved in gainful employment to earn money to be utilised in acquisition of property through mortgage, etc.;

The said Gazette dated 18th March 2025 which purports to appoints (sic) a Sole Administrator is a direct violation of section 1(2) of the Constitution of the Federal Republic of Nigeria, 1999″ 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 “;

There is no Resolution of the National Assembly in support of the said Gazette as stipulated under Section 305 of the Nigerian Constitution; and

There is no primae (sic) facie evidence of failure of the said Governor of Rivers State in performance of his duty since after the judgment of the Supreme Court of Nigeria dated February 28th 2025. This PRE-ACTION NOTICE is brought pursuant to the provisions of Freedom of Information Act, 2011, which entitles our Association-ALDRAP to the said evidence of dereliction of duty by the said Governor of Rivers State which is a condition precedent before the publication of a Gazette under Section 305 of the Nigerian Constitution.

We look forward to your anticipated prompt and positive response.

Yours faithfully,
Kenneth A. Amadi, Esq.