A group of Rivers State voters has filed a landmark lawsuit against President Bola Ahmed Tinubu, challenging the removal of the elected Governor, Deputy Governor, and State House of Assembly members.
The case, FHC/CS/550/2025, was lodged at the Federal High Court in Abuja on March 20, 2025, with the President of the Senate, Speaker of the House of Representatives, National Assembly, and the Attorney General of the Federation listed as co-defendants.
A Fight for Constitutional Order
The lawsuit was filed by Daniel Wariboko, a Rivers voter, on behalf of himself and millions of registered voters in the state.
At the heart of the suit is a fundamental question:
➡ Does Section 305 of the Constitution allow a president to suspend an elected government simply because of a dispute between a governor and the state legislature?
Wariboko’s Legal Challenge: Key Questions for the Court
The lawsuit demands the court to rule on six critical constitutional questions, including:
1️⃣ Can the president legally suspend a state’s elected executive and legislature under Section 305 of the Constitution?
2️⃣ Does Tinubu have the power to appoint a Sole Administrator to govern a state that already has an elected government?
3️⃣ Is the March 18, 2025, emergency declaration in Rivers State unconstitutional, null, and void?
4️⃣ Does the suspension of elected officials violate Rivers citizens’ democratic rights under the African Charter on Human and Peoples’ Rights?
5️⃣ Do the National Assembly and Attorney General have the legal authority to ratify the president’s decision?
6️⃣ Should the court declare Tinubu’s action unlawful and restore democracy in Rivers State?
The Verdict Sought: A Restoration of Democracy
Wariboko is urging the Federal High Court to issue:
✅ A declaration that the emergency rule and suspensions are unconstitutional.
✅ A declaration that appointing a Sole Administrator is illegal.
✅ An order reinstating Governor Siminalayi Fubara, his Deputy, and the Rivers State House of Assembly.
✅ A permanent injunction preventing Tinubu or any future president from suspending elected officials in Rivers or any other Nigerian state.
A Historic Legal Battle for Nigeria’s Democracy
The lawsuit, filed by Fidel Bassey, Esq., of Transafrican Legal Practice, is supported by a 29-paragraph affidavit detailing why judicial intervention is essential to restore constitutional order.
Wariboko argues that allowing Tinubu’s actions to stand would set a dangerous precedent, effectively granting the president the power to remove elected leaders at will.
As the case heads to court, all eyes are on the judiciary to determine the fate of democracy in Rivers State—and possibly Nigeria as a whole.
