The electorate in Rivers State has 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.
The suit, marked FHC/CS/550/2025, was filed at the Federal High Court in Abuja on March 20, 2025. The President of the Senate, the Speaker of the House of Representatives, the National Assembly, and the Attorney General of the Federation (AGF) are listed as the 2nd to 5th defendants in the case.
The suit, commenced through an originating summons, was filed on behalf of the electorate by a lawyer, Daniel Wariboko, who is the sole plaintiff. He is suing for himself and other registered voters in Rivers State.
Wariboko 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 constitutes grounds for declaring a state of emergency.
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He is also seeking the court’s ruling on whether, by the provisions of Section 305 of the Constitution, the 1st defendant has the power to suspend a democratically elected executive and legislative arm of a state government. Additionally, he wants the court to decide whether the President of Nigeria can nominate or appoint a sole administrator to run the affairs of a state when there is an elected Governor, Deputy Governor, and members of the House of Assembly.
Another point of contention is whether the declaration of a state of emergency in Rivers State on March 18, 2025, by the 1st defendant is unconstitutional, null, and void. The plaintiff argues that the suspension of the elected executive and legislative arms of Rivers State violates the rights of citizens to participate in governance, as enshrined in Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
Furthermore, he seeks clarification on whether the 2nd, 3rd, and 4th respondents have the power to ratify the suspension of the executive and legislative arms of government in Rivers State as proclaimed by the 1st defendant on March 18, 2025.
If the court answers these questions in the affirmative, the plaintiff wants a declaration that the President’s proclamation of a state of emergency in Rivers State on March 18, 2025, is unconstitutional, null, and void.
He also seeks a court declaration that the suspension of the Governor, Deputy Governor, and legislators of Rivers State on March 18, 2025, by the 1st defendant is unconstitutional. He argues that this suspension breaches Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and Section 5(b) of the 1999 Constitution of Nigeria (as amended).
In addition, the plaintiff wants the court to declare that the appointment of a sole administrator for Rivers State by the 1st defendant is unconstitutional, null, and void. He also seeks a ruling stating that the 2nd, 3rd, and 4th defendants do not have the power to ratify the suspension of the executive and legislative arms of government in Rivers State as proclaimed by the 1st defendant.
Lastly, the plaintiff seeks an injunction restraining the 2nd, 3rd, and 4th defendants from ratifying the President’s proclamation suspending the executive and legislative arms of Rivers State. He also asks the court to order the restoration of democracy in Rivers State and reinstate the executive and legislative arms of government, which were sworn in on May 29, 2023, and June 10, 2023, respectively.
and then