Tinubu Faces Legal Challenge Over Rivers State Emergency Declaration

Residents of Rivers State Sue Tinubu Over Emergency Declaration

Let me break this down for you. The people of Rivers State have taken the bold step of filing a lawsuit against President Bola Ahmed Tinubu. Their grievance? The president's decision to remove the state’s elected Governor, Siminalayi Fubara, the Deputy Governor, and the entire State House of Assembly. This is no small matter—it's about democracy, governance, and the rule of law. The legal battle is heating up, and it’s a story that’s capturing the attention of the entire nation.

The case, marked FHC/CS/550/2025, was officially filed at the Federal High Court in Abuja on March 20, 2025. The defendants in this case are some of the most powerful figures in Nigeria, including the President of the Senate, the Speaker of the House of Representatives, the National Assembly, and the Attorney General of the Federation. This isn’t just any lawsuit—it’s a legal showdown with far-reaching implications for the future of governance in the country.

Who’s Behind the Lawsuit?

Now, let’s talk about the person leading the charge. The suit was filed by lawyer Daniel Wariboko, who is representing the electorate of Rivers State. Wariboko isn’t just filing this lawsuit on his own behalf; he’s doing it on behalf of every registered voter in Rivers State. This is a collective fight for the rights of the people, and Wariboko is using an Originating Summons to make his case. It’s a legal move that’s both strategic and significant.

Read also:

Exploring Richard Roundtrees Net Worth In 2024 The Journey Of A Legendary Actor

Wariboko is asking the court to weigh in on several critical issues. For starters, he wants to know if a disagreement between a governor and the state House of Assembly is enough to justify declaring a state of emergency under Section 305 of the 1999 Constitution (as amended). But that’s just the tip of the iceberg. He’s also questioning whether the president has the authority to suspend a democratically elected executive and legislative branch of a state. And let’s not forget about the appointment of a sole administrator to run the state—Wariboko argues that this move is unconstitutional.

Key Questions Raised in the Lawsuit

• Can a governor’s dispute with the state legislature truly justify the declaration of a state of emergency? This is a question that goes to the heart of the matter.
• Does the president have the power to suspend elected officials? This is a fundamental issue that touches on the balance of power in our democracy.
• Is the appointment of a sole administrator to oversee the state’s affairs constitutional? Wariboko argues that this move undermines the principles of democracy.
• Does the declaration of a state of emergency violate the rights of citizens as outlined in Article 13 of the African Charter on Human and Peoples’ Rights? This is about protecting the rights of the people.
• Do the Senate, House of Representatives, and Attorney General have the authority to ratify the suspension of state officials? This is about accountability and the rule of law.

What’s at Stake?

If the court rules in favor of Wariboko and the people of Rivers State, the implications could be massive. Wariboko is asking for several declarations, including the nullification of the suspension of the Governor, Deputy Governor, and Legislators. He’s also seeking a ruling that the suspension violates Article 13 of the African Charter on Human and Peoples’ Rights and Section 5(b) of the 1999 Constitution. Furthermore, he wants the court to declare the appointment of a Sole Administrator unconstitutional and to issue an injunction preventing the National Assembly from ratifying the declaration of a state of emergency.

But it doesn’t stop there. Wariboko is also asking for orders to restore democracy in Rivers State by reinstating the elected officials who were sworn in on May 29, 2023, and June 10, 2023. And finally, he’s pushing for a perpetual injunction to prevent the suspension of democratically elected governors or legislators in Rivers State—or any other state in the future. This is a case that could set a precedent for generations to come.

The Legal Argument

Wariboko, represented by Fidel Bassey of Transafrican Legal Practice, has backed his case with a 29-paragraph affidavit. He argues that it’s in the best interest of justice for the court to step in and restore democracy in Rivers State. This isn’t just about one state; it’s about the principles of democracy and the rule of law. The people of Rivers State deserve to have their voices heard, and Wariboko is determined to make sure that happens.