Your Excellency, I write with deep concern and a heavy heart regarding the above-subject matter.

2. With a clear and open mind, yet an unsettled spirit, I am compelled to address the state of our democracy and the rule of law which are fundamental pillars that shape the present and future of our nation.

3. In this instance, I initially intended to humbly present these concerns to the
Justices of the Supreme Court of Nigeria. However, a few realizations gave me pause. First, I was struck by the fact that a case on the constitutionality of the suspension and state of emergency declaration has already been filed before the court by the Attorneys-General of Bauchi,Adamawa,Bayelsa, Enugu, Plateau, and Zamfara States. I would not want to preempt the court’s decision on the matter.

4. Second, it has become a widely held global perception that Nigeria’s judicial system suffers a crisis of confidence. Increasingly, both Nigerian citizens and foreign institutions hesitate to approach the Supreme Court for dispute resolution, as many have lost faith in the courts integrity, moral standing, and intellectual credibility.

5. The Supreme Court, by its status and function worldwide, plays a crucial role in interpreting the constitution Through its interpretative authority, it serves as a policy-ratifying organ of government, determining the legitimacy of actions and resolving constitutional controversies. Its decisions are meant to be binding, and are instrumental in adapting fundamental laws to the evolving needs and aspirations of the citizenry.

6. However, in Nigeria, the Supreme Court is increasingly perceived—both locally and globally—not as a guardian of justice, but as an institution that undermines the moral fabric of society. Rather than fostering legal certainty and public confidence, it is often seen as a destabilizing force within the judicial system. To deny this reality is to engage in self-deception, a stance reflective of insincerity and dishonesty. As a German-American acquaintance once insultingly remarked, “The difference between Supreme Court Justices in Nigeria and armed robbers is that while armed robbers use AK-47s to rob, these Justices use wigs and gowns.”
This tragic perception underscores the deep loss of faith in the judiciary, leaving
many with no recourse but to pray for divine intervention to redeem the soul of
Nigeria’s legal system. Therefore, if there is a large-scale loss of confidence in
judicial proceedings before the court, of what use would my letter to them?

7. Mr. President, just a few days ago, a reputable individual was denied the
opportunity to rent an office space in Washington, D.C., simply because he was
Nigerian—on the premise that Nigerians cannot be trusted. Similarly, a business
partner withdrew from a tripartite investment contract solely because a
Nigerian company was involved, citing concerns over the dispute resolution
clause, which designated Nigeria as the jurisdictional venue.

8. These are not isolated incidents. Nigerians frequently face visa denials,
cancellations, and unwarranted suspicion in the global market. Beyond concerns about fraud—often driven by economic desperation and weak social security systems—Nigeria’s greatest reputational burden is her judiciary. The perception that Nigerian’s judicial system is riddled with corruption and intellectual deficiency has severely damaged investor confidence. This, in turn, discourages Foreign Direct Investments (FDIs), stifles economic growth, and exacerbates poverty across the nation.

9. Mr. President, there is a seemingly straightforward yet profoundly consequential issue—one with the potential to tarnish a leader’s legacy irreversibly. A prime example is the recent suspension of Governor Siminalayi Fubara, a democratically elected governor, along with the Rivers State House of Assembly, under the pretext of a state of emergency declaration pursuant to Section 305 of
the Constitution of Nigeria, 1999.

10. For decades—even as far back as the 1990s when I was just a child, my ears glued to my parents’ radio, my eyes fixed on the television and newspaper headlines—you were known as a staunch pro-democracy advocate and a defender of the rule of law. However, the handling of the Rivers State crisis has shattered that image, erasing the memory of your once-principled political stance. It has cast doubt on the democratic values you once embodied, leaving many to question whether the
ideals you championed were ever truly a part of your leadership philosophy.

11. In the case of the Rivers State political crisis, I do not wish to delve into the underlying causes. However, the widespread assumption—and now an apparent reality—that the conflict stems from a dispute between Governor Fubara and his predecessor over demands for absolute loyalty and the alleged allocation of billions of naira in state revenue to the former governor, is deeply troubling.

12. It is shocking that such a frivolous and corrupt motive could serve as the basis for declaring a state of emergency in Rivers State, with attempts to justify it
through a misinterpretation of a Supreme Court decision and unverified claims of oil pipeline vandalization. I have carefully read and assimilated the Supreme Court’s ruling, and there is nothing in it that justifies the imposition of a state of emergency. The court merely made findings and issued orders, and noncompliance with such orders warrants enforcement—not an unconstitutional suspension of a democratically elected government in a federalist system.

13. Mr. President, you do not have the legal authority to take such an action. It is clear that your advisers—whether out of mischief or ignorance—have misled
you, tarnishing your reputation and bringing Nigeria into disrepute on the global stage.

14. I have engaged with many individuals, including senior lawyers in Nigeria, and I have consistently maintained that you, Mr. President, are not to blame for this situation. The responsibility squarely falls on the Attorney-General of the Federation, Lateef Fagbemi, SAN.

15. As the Chief Law Officer of the Federation, it is the Attorney-General’s duty to provide sound legal guidance and ensure that your decisions align with the
provisions of the Constitution. Unfortunately, in this instance, he has failed in that duty. It is particularly disheartening that a legal mind of his caliber—widely regarded as one of Nigeria’s finest—has handled this matter so poorly. Instead of upholding integrity and safeguarding your image, he offered a weak and unconvincing defense, effectively abdicating his responsibility under the provisions of the Nigerian Constitution. I am raising this alarm to Nigerians both at home and in the diaspora: placing blame on you, Mr. President, is a misplaced priority. Equal blame must also be assigned to the members of the National Assembly, who turned this grave constitutional violation into a mere political spectacle, endorsing an outright illegality.

16. However, I have serious reservations about whether the contemporary Nigerian judiciary will rectify this constitutional aberration without being influenced by political undercurrents or your perceived stance on the matter. Given the current realities, you alone remain the most capable and assured decisive authority to correct this mistake—one that has now plunged Nigeria into an unnecessary constitutional crisis. As I have emphasized, the fault does not lie with you, but with your advisers.

17. Mr. President, the world is watching. Cases like this, along with the persistent
global perception of Nigerians as fraudsters, contribute to constant visa denials, cancellations, and a broader distrust of our nation by the international community.

18. Mr. President, just as the members of the National Assembly may not fully grasp the damage they have inflicted on this generation and those to come, you too may not yet realize how this dangerous precedent could one day affect your own children, grandchildren, and indeed all Nigerians. If left uncorrected, it will erode the very foundation of federalism and constitutional democracy.

19. The long-term implication is alarming—state-level political actors and disgruntled election losers may no longer see the need to follow due process.
Instead, they could exploit political tensions to create instability, setting the
stage for future presidents to arbitrarily suspend or remove democratically
elected governors and state legislatures. This is a deeply troubling prospect that
threatens the stability of Nigeria’s democratic system.

20. Let me be clear—no country can function where the rule of law is repeatedly violated, where the principle of separation of powers is disregarded, and where judicial decisions are treated highly disparagingly. Also, a judiciary that surrenders its authority to other arms of government ceases to be the guardian of justice. Such a situation not only erodes public trust but also deters foreign investors and cripples Foreign Direct Investments (FDIs).

21. I firmly believe that both private citizens and public officials must respect the Constitution and uphold the law. Equally important is the need for a justice system that remains fair and impartial, regardless of status or position. Fairness and integrity are the bedrock of any nation’s survival.

22. Mr. President, I do not write this to affront your cultural sensibilities but to
remind you of the ideals you once championed before assuming office of the president —those of a democrat and a staunch advocate for the rule of law. I
implore you to reconnect with that legacy.

23. The action taken in Rivers State—the unconstitutional suspension of a democratically elected government and the imposition of an administrator—is
entirely alien to Nigeria’s Constitution. This act is not just unlawful; it is viewed
as both an impeachable and treasonable offense. Your advisers, through their
misjudgment, have not only tarnished your reputation but have also further
damaged Nigeria’s standing in the global community

24. Mr. President, I must now clarify this ill-advised aberration through the
following constitutional questions, which I implore you to contemplate on them:
a) Section 305 of the 1999 Constitution contemplates situations where a state of
emergency may be declared by the president as it may affect the federation as a whole or any part thereof. Assuming that the political crisis in Rivers state
was that of the whole federation, will you have suspended yourself for six
months and appoint a sole administrator to rule Nigeria? Will the National
Assembly endorse that? Who will then suspend you without deemed to have
actuated a coup d’ et at?
b) By virtue of section 1(2) of the 1999 Constitution of Nigeria, can a sole
administrator rule Nigeria or any part thereof ?
c) Does section 305 of 1999 Constitution of Nigeria which grants power to
president to declare state of emergency extends to include suspension or
removal of democratically elected state government and replacement by title
not found in the Constitution?
d) Were there any security breach or such other imminent crisis or danger in
Rivers State that overwhelmed the Nigeria’s Police Force so as to attract state
of emergency?
e) By what arcane Magic did the National Assembly conjure a two-thirds majority
from the indistinct murmur of that hallow ritual of “The Ayes have it” ?

25. Mr. President, if we are honest with ourselves, the answers to these questions
are clear, and the provisions of the Constitution are self-explanatory to both
lawyers and non-lawyers alike.

26. In reflecting on these issues, it is evident that a grave error has been made. The truth stands bare for all to see.

27. In light of the above, and to restore Nigeria’s democratic integrity while
preventing an anti-democratic precedent that could erode the very foundation
of federalism for generations to come, I humbly appeal to you, sir, to immediately revoke this declaration. Doing so is not just in the interest of democracy, the rule of law, and the principles of federalism, but also crucial for reclaiming your image as a true democrat.

28. Mr. President, the world now perceives you as an anti-democratic leader who disregards the Constitution and thrives on corruption. Yet, those who misled you into this grave misstep will not bear the burden of its consequences or carry the record—only your name will be attached to this regrettable decision. This alone speaks volumes about the ill intent of those advising you. They do not have your best interests at heart.

29. I am aware that the courts, particularly the Supreme Court, are currently saddled with this matter. Mr. President, heeding my humble appeal is your best course of action. I understand that you are caught between the Devil and the Deep Blue Sea— a difficult choice—waiting for the courts decision on this constitutional crisis or taking the more prudent and popular path of correcting the error now. Let me explain why the latter is the wiser option:
(a) If the Supreme Court upholds the emergency declaration and the suspension of a democratically elected state governor and legislature by another
democratically elected officials (the President and the National Assembly),
it will permanently stain your legacy. You will be remembered as the President who undermined constitutional principles and legitimized
illegality. Regardless of the court’s ruling, the perception will be that the
Supreme Court was influenced by you. However, in their commitment to
justice and constitutionalism, the Supreme Court Justices cannot, in good
conscience, sustain such an obvious constitutional violation. Section 305 of
the Constitution of Nigeria does not grant a democratically elected President
the power to suspend or remove a democratically elected state government
under a federal system—under any guise. It also does not empower the
National Assembly to take a voice vote to determine a two-thirds majority or
override constitutional provisions to justify a state of emergency in this
instance. Additionally, such an action of imposing a sole administrator on a
state would directly contradict Section 1(2) of the Constitution of Nigeria,
1999, which explicitly forbids governance by a military-style sole
administrator. Furthermore, a state of emergency can only be justified when
there is a genuine breakdown of law and order that overwhelms the Nigeria
Police Force—conditions that were not present in Rivers State.
Nevertheless, the Supreme Court of Nigeria, known for its tendency to violate
the fundamental right to a fair hearing, may, in an attempt to evade
addressing these critical constitutional questions, resort to dismissing the
case on technical grounds. This could involve coercing counsel into
withdrawing the case or employing other orchestrated means—tactics for
which the Court has, unfortunately, become known. Should this happen, it
will inevitably be perceived as judicial compromise under your influence,
further eroding public trust in both the judiciary and your administration.
(b) If the Supreme court set aside your actions, it will validate the allegation that
you are an anti-democratic despot. This also goes to a larger negativity on
your legacy

30. In my view, after careful consideration and insights from well-meaning and patriotic Nigerians, the most prudentand strategic choice is for you to act before any court ruling is delivered. Taking swift corrective action will reaffirm your commitment to democracy, reposition your image as a leader who values the rule oflaw, and demonstrate that you are a president who listens to the people-not one who places personal or political interests above constitutional
principles.

31. Mr. President, I write with all my heart love and as a public citizen. I hope my humble appeal meets you well.

32. Accept the assurances of my highest regards, and God bless you.

Cyprian F.Edward-Ekpo