A legal practitioner, Daniel Wariboko Esq., has filed a suit against the Federal Government of Nigeria over the declaration of a state of emergency in Rivers State.
The suit, dated March 19, 2025, with number FCH/Abuja/CS/550/3025 was brought before an Abuja High Court on behalf of the plaintiff and other registered voters in Rivers State.
The defendants in the case include the President of the Federal Republic of Nigeria, the President of the Senate, the Speaker of the House of Representatives, the National Assembly, and the Attorney General of the Federation.
The originating summons seeks judicial interpretation of the constitutionality of the state of emergency declared by the President on March 18, 2025, and the subsequent suspension of the democratically elected Governor, Deputy Governor, and legislators of Rivers State.
The plaintiff contends that these actions “violate Section 305 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act”
The suit also challenges “the appointment of a sole administrator to oversee the affairs of the state”, arguing that it undermines the democratic rights of the people of Rivers State.
Among the reliefs sought are declarations that the state of emergency proclamation and the suspension of elected officials are unconstitutional, “null, and void.”
The plaintiff also seeks an injunction restraining the National Assembly from ratifying the President’s actions and an order restoring the democratically elected government of Rivers State. Additionally, the plaintiff requests a perpetual injunction to prevent the President and his successors from suspending democratically elected officials in any state of the federation.
On Tuesday, March 18, President Bola Ahmed Tinubu, during a national broadcast, declared a state of emergency in Rivers State and suspended the state’s Governor, Simi Fubara, and the State Assembly for six months. The President cited escalating security threats and a breakdown of law and order as the basis for the decision. Following the suspension, he announced the appointment of a sole administrator to oversee the affairs of the state until peace is restored.
In a related development, both Chambers of the National Assembly, acting on the President’s request, today approved and ratified the appointment of the sole administrator.
The legal team representing the plaintiff, Transafrican Legal Practice, led by Fidel Bassey Esq., has called on the defendants to enter an appearance within 30 days of service of the summons.
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