Tuesday, May 13, 2025 - The Federal High Court in Port Harcourt has adjourned a constitutional suit challenging the suspension of Rivers State Governor Siminalayi Fubara, Deputy Governor Professor Ngozi Odu, and members of the Rivers State House of Assembly by President Bola Ahmed Tinubu.
The case has been rescheduled for hearing on May 26, 2025.
The suit, filed by former federal lawmaker and 2023 Rivers
State governorship aspirant, Dr. Farah Dagogo, contests the legality of
President Tinubu’s decision to suspend democratically elected state officials
and appoint Vice Admiral Ibok-Ete Ibas (Rtd) as Administrator of Rivers State.
The President cited rising insecurity in the state as the basis for declaring a
state of emergency on March 18, 2025.
Dagogo, in Suit No: FHC/PH/CS/50/2025 filed on April 9,
argues that the President’s actions are unconstitutional and beyond the powers
granted to him under the Nigerian Constitution.
During Monday’s proceedings, counsel to the plaintiff, Cosmas
Enweluzo, SAN, informed the court that all five defendants had been properly
served. The defendants include President Bola Tinubu, Senate President Godswill
Akpabio, the Nigerian Senate, Speaker of the House of Representatives Hon.
Tajudeen Abbas, and Vice Admiral Ibas.
Of all the defendants, only Vice Admiral Ibas appeared
through his legal representative, Kehinde Ogunwumiju, SAN, who requested more
time to respond to the originating summons. Justice Adamu Turaki Mohammed
granted the extension but cautioned that the court would proceed with the
matter on the next adjourned date, regardless of further delays.
Speaking after the hearing, Enweluzo reiterated that the case
revolves around constitutional violations by the President. “The President
cannot act as a ‘Tin god.’ He lacks the authority to suspend duly elected
officials or assume control over the governance of more than four million
citizens in Rivers State. This action is a constitutional aberration and cannot
stand,” he said.
He also dismissed the justification of insecurity, noting
that other states with more severe security issues—such as Benue, Plateau, and
Borno—have not been placed under emergency rule. “Rivers State remains
relatively peaceful,” Enweluzo stated.
Commending Dr. Dagogo for initiating the
legal challenge, he emphasized that Nigerians have the right to be governed by
their elected representatives, not by presidential fiat.
Explaining the adjournment, Enweluzo
noted that the fifth defendant’s counsel requested extra time to respond to the
suit. “As it was their first application for an extension, we did not object,”
he said.
He further noted that, despite being
served, none of the other defendants had filed a memorandum of appearance or
any legal response to the suit.
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