Rivers State Crisis: Tinubu, Akpabio, and Others Face Legal Battle Over Emergency Rule

—By Oyoparrot, March 21, 2025—

The unfolding political crisis in Rivers State has escalated to the courtroom as concerned electorates have filed a lawsuit against President Bola Ahmed Tinubu and other key government officials over the declaration of a state of emergency. The move, which led to the removal of the duly elected Governor, Siminalayi Fubara, his Deputy, and the entire State House of Assembly, has sparked widespread controversy and legal challenges.

Legal Showdown at the Federal High Court

On March 20, 2025, a suit marked FHC/CS/550/2025 was officially lodged at the Federal High Court in Abuja. The case names the Senate President, Speaker of the House of Representatives, the National Assembly, and the Attorney General of the Federation as co-defendants. The primary plaintiff, Daniel Wariboko, a registered voter in Rivers State, is suing on behalf of himself and other concerned citizens through an Originating Summons.

This legal action challenges the constitutional legitimacy of President Tinubu’s decision to suspend the elected leadership in Rivers State and replace them with a Sole Administrator. The suit argues that such a move violates the 1999 Constitution (as amended) and the African Charter on Human and Peoples’ Rights.

Key Constitutional Questions Raised

The lawsuit demands judicial interpretation on several crucial issues, including:

1. Can a dispute between a Governor and the State House of Assembly justify the declaration of a state of emergency under Section 305 of the Constitution?
2. Does the President have the authority to suspend a democratically elected Governor, Deputy Governor, and State House of Assembly?
3. Is the appointment of a Sole Administrator to govern a state legally valid when an elected government is still in place?
4. Is the declaration of a state of emergency in Rivers State on March 18, 2025, unconstitutional, null, and void?
5. Does the suspension of Rivers State’s government violate citizens’ rights to governance as guaranteed under Article 13 of the African Charter on Human and Peoples’ Rights?
6. Can the National Assembly ratify the suspension of an elected state government?

These legal questions challenge the fundamental principles of democracy, separation of powers, and federalism in Nigeria.

Demands and Reliefs Sought by the Plaintiff

If the court rules in favor of the plaintiff, Wariboko seeks the following legal remedies:

• A declaration that the removal of Rivers State’s Governor, Deputy Governor, and lawmakers on March 18, 2025, is unconstitutional and void.
• A ruling that suspending an elected government violates the African Charter on Human and Peoples’ Rights.
• A declaration that the appointment of a Sole Administrator for Rivers State is illegal and null.
• An injunction restraining the National Assembly from ratifying the state of emergency.
• A judicial order mandating the restoration of democracy in Rivers State by reinstating the elected officials.
• A perpetual injunction preventing any future suspension of an elected state government in Rivers State or any other state in Nigeria.

The Legal Team and Supporting Evidence

The case is being pursued by Fidel Bassey of Transafrican Legal Practice, who filed a 29-paragraph affidavit in support of the suit. Wariboko asserts that the court’s intervention is necessary to prevent the erosion of democracy and the setting of a dangerous precedent where a President can arbitrarily suspend elected state governments.

Political Reactions and Public Outcry

The legal challenge has intensified debates across Nigeria, with political analysts, civil society organizations, and constitutional lawyers weighing in on the implications of the emergency rule in Rivers State. While some government loyalists defend the President’s action as a necessary measure to restore order, critics argue that it undermines democracy and violates the constitutional framework of Nigeria’s federal system.

The opposition parties, human rights organizations, and pro-democracy advocates have strongly condemned the emergency declaration. Some have warned that if upheld, this action could set a dangerous precedent for authoritarian rule in the country.

What Lies Ahead?

The Federal High Court’s ruling on this matter will be pivotal. If the court invalidates the emergency rule, it will reaffirm the supremacy of Nigeria’s Constitution and reinstate the elected officials in Rivers State. However, if the ruling favors the federal government, it may embolden future administrations to override state governance structures at will.

As Nigerians await the court’s decision, the case raises significant concerns about the future of democracy, federalism, and the rule of law in the country.

Stay tuned for further updates on this unfolding legal battle.

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