BREAKING: Rivers State Electorates Sue Tinubu, Senate President Over ‘Illegal State of Emergency’
A legal battle has emerged as Rivers State electorates challenge the state of emergency in Rivers State, declared by President Bola Tinubu on March 18, 2025. The suit, filed by Daniel Wariboko, a lawyer and registered voter, contests the removal of Governor Siminalayi Fubara, the Deputy Governor, and the entire State House of Assembly members.
The lawsuit, marked FHC/CS/550/2025, was submitted to the Federal High Court in Abuja on March 20, 2025, listing the President of the Senate, the Speaker of the House of Representatives, the National Assembly, and the Attorney General of the Federation as co-defendants.
Legal Challenge Against the State of Emergency in Rivers State
The plaintiff, Daniel Wariboko, initiated the case on behalf of all registered voters in Rivers State, asserting that the state of emergency in Rivers State violated constitutional provisions. The suit raises critical questions, including:
- Does Section 305 of the Nigerian Constitution allow the president to suspend a democratically elected state government?
- Can the President of Nigeria appoint a sole administrator in a state where elected officials already exist?
- Is the suspension of Rivers State’s executive and legislative arms a breach of Article 13 of the African Charter on Human and Peoples’ Rights?
Plaintiff’s Demands to Restore Democracy in Rivers State
The lawsuit urges the court to declare that the state of emergency in Rivers State and the subsequent removal of elected officials were unconstitutional. The plaintiff demands the following:
READ ALSO: South-South Governors Reject Emergency Rule in Rivers State, Call for Constitutional Resolution
Court Declarations and Injunctions
- A ruling that the state of emergency in Rivers State is unconstitutional and should be overturned.
- A declaration that suspending the governor, deputy governor, and legislators violated democratic rights.
- An injunction preventing the Senate and House of Representatives from ratifying the presidential suspension of the Rivers State government.
Restoration of Democratic Governance
- An order reinstating Governor Siminalayi Fubara, the Deputy Governor, and the State Assembly members removed on March 18, 2025.
- A perpetual injunction stopping the president and future administrations from suspending elected state officials.
Court to Decide Fate of Rivers State Governance
The case, filed through lawyer Fidel Bassey of Transafrican Legal Practice, highlights concerns over democratic governance in Rivers State. Wariboko insists that the court must intervene to restore democracy, emphasizing that the president’s actions set a dangerous precedent.
As legal proceedings unfold, Nigerians and political analysts are closely watching whether the judiciary will overturn the state of emergency in Rivers State or uphold the president’s decision. Stay tuned for further updates on this high-stakes legal battle.