The electorates in Rivers State have dragged President Bola Tinubu to court over the removal of the elected Governor of Rivers State, Siminalayi Fubara, the Deputy Governor, and the entire members of the State House of Assembly.
In the suit, marked FHC/CS/550/2025, filed at the Federal High Court in Abuja on March 20, 2025, the President of the Senate of the Federal Republic of Nigeria, the Speaker of the House of Representatives, the National Assembly of the Federal Republic of Nigeria, and the Attorney General of the Federation are listed as 2nd to 5th defendants.
The suit was filed on behalf of the electorates by a lawyer, Daniel Wariboko, the sole plaintiff. He is suing for himself and other registered voters in Rivers State, in the suit which commenced through an Originating Summons.
He wants the court to determine whether, under Section 305 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), a dispute between a governor and a state House of Assembly is grounds for declaring a state of emergency.
Other reliefs the Plaintiff sought for determination of the court are: “Whether by the provisions of Section 305 of the Constitution of the Federal Republic of Nigeria, the 1st defendant has the power to suspend a democratically elected Executive and Legislative arm of the Government of a State of the Federation.
“Whether the President of the Federal Republic of Nigeria can nominate or appoint a sole administrator to run the affairs of a State in Nigeria when there is an elected Governor, Deputy Governor and members of the House of Assembly
“Whether the declaration/ proclamation by the 1st defendant of a state of emergency in Rivers State on the 18th of March 2025 is not unconstitutional, null and void.
“Whether the declaration/ proclamation by the 1st defendant of a state of emergency and suspension of the democratically elected executive and legislative arms of Government of Rivers State is not a violation of the rights of the citizens of Rivers State to participate in the governance of their state contained in Article 13 of the African Charter on Human and Peoples Right (Ratification and Enforcement) Act.
“Whether the 2nd, 3rd and 4th Respondents have the powers to ratify the suspension of the Executive and legislative arm of Government in Rivers State proclaimed by the 1st defendant on the 18th of March 2025,”
In the event that the answer to the six formulated questions are in the affirmative, the Plaintiff wants the court to declare that the declaration/proclamation by the President of a State of Emergency in Rivers State on the 18th day of March 2025 is unconstitutional, null and void.
The Plaintiff also sought among others: “A declaration that the Suspension of the Governor, Deputy Governor and Legislators of the Rivers State on the 18th of March 2025 by the 1st defendant is unconstitutional, null and void.
“A declaration that the suspension by the 1st defendant of the democratically elected arm of government of Rivers State is a breach of Article 13 of the African Charter on Human and Peoples Right (Ratification and Enforcement) Act and Section 5 (b) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).
“A Declaration that the nomination and appointment of a Sole administrator for Rivers State by the 1st defendant is unconstitutional, null and void.
“A Declaration that the 2nd, 3rd and 4th Defendants do not have the powers to ratify the suspension of the executive and legislative arm of Government in Rivers State as proclaimed by the 1st Defendant on the 18th day of March 2025.
“An Injunction restraining the 2nd, 3rd and 4th Defendants from ratifying the declaration/ proclamation of the 1st defendant made on the 18th day of March 2025 suspending executive and legislative arm of Government in Rivers State.
“An Order of this Honourable Court restoring democracy in Rivers State and reinstating the Executive and Legislative arm of Government of Rivers State sworn in on the 29th of May 2023 and the 10th day of June 2023 respectively.
“An Order of Perpetual Injunction restraining the 1st defendant and his successors-in-title from suspending democratically elected governors or legislators of Rivers State or any other state of the Federal Republic of Nigeria.”
The suit, filed through Wariboko’s lawyer, Fidel Bassey, Esq., of Transafrican Legal Practice, is dated March 19, 2025.
In a 29-paragraph affidavit in support of the suit, Wariboko maintains that it is in the interest of justice for the court to rule in his favour, emphasising the need for court intervention to restore democracy in Rivers State.
Source: Sahara Reporters
