Court Cautions Parties, Adjourns Suit Challenging Fubara, Others’ Suspension

A Federal High Court sitting in Port Harcourt has adjourned until May 26, 2025, the constitutional suit challenging the suspension of the Rivers State Governor, Siminalayi Fubara, Deputy Governor Prof. Ngozi Odu, and all members of the State House of Assembly by President Bola Tinubu.

The suit was filed by a former federal lawmaker and People’s Democratic Party Rivers State Governorship aspirant in the 2023 general election, Dr. Farah Dagogo.

President Tinubu had, on March 18, 2025, declared a State of Emergency in Rivers State, citing security concerns.

He further announced the suspension of the state’s democratically elected leadership and appointed Vice Admiral Ibok-Ete Ibas (rated).as the Administrator of Rivers State.

FHC/PH/CS/50/2025 on April 9, 2025, arguing that the President’s actions were ultra vires and lacked any constitutional backing.

At the hearing on Monday, counsel to the plaintiff, Cosmas Enweluzo, SAN, informed the court that all defendants had been duly served and expressed readiness to proceed with the case.

The defendants in the suit include President Bola Tinubu, Senate President, Senator Godswill Akpabio, the Senate of the Federal Republic of Nigeria, Speaker of the House of Representatives, Hon. Tajudeen Abbas and Vice Admiral Ibok-Ete Ibas (retired), Rivers State Administrator.

Of all the named defendants, only the fifth defendant, Vice Admiral Ibas (retired), appeared through his counsel, Kehinde Ogunwumiju, SAN, who requested additional time to respond to the originating summons.

After hearing from both counsels, Justice Adamu Mohammed granted the request but cautioned that the matter would proceed on the next adjourned date regardless of further delays.

Speaking to journalists after the court session, Enweluzo reiterated that President Tinubu acted outside the Constitution.

He stated, “The case challenges the President’s unilateral appointment of an Administrator for Rivers State and the suspension of duly elected officials, including the Governor, Deputy Governor, and House of Assembly members.

“The President cannot act as a ‘Tin god’. He does not have the constitutional authority to suspend elected representatives or govern over four million citizens by fiat. It is a constitutional aberration and must not be allowed.”

Enweluzo questioned the justification provided by the President for declaring a state of emergency, citing serious cars of insecurity in some parts of the North without any of such action taken.

“The insecurity narrative is unfounded. In Benue, Plateau, and Borno States, serious security challenges persist, people are being killed, and some local governments remain under Boko Haram control.

“Yet no state of emergency was declared there. Rivers State has remained relatively peaceful, ” he explained.

The Senior Advocate of Nigeria commended Dr Dagogo for taking legal action in defence of the Constitution.

Enweluzo noted, “We are grateful for principled leaders like Dr. Farah Dagogo who are willing to defend the Nigerian Constitution. Citizens have a right to be governed by officials they have elected and represented by legislators of their constituencies in Degema, Bonny, and others.”

Explaining the reason for the adjournment, Enweluzo said, “Counsel for the fifth defendant informed the court that their staff were at the Registry filing processes in response to our originating summons.

“They requested an adjournment to complete their filings. In fairness, and since it was their first request, we agreed. The court, therefore, adjourned to May 26, 2025. If delays persist beyond that, the court will be entitled to proceed with the case.”

He added that while all other defendants have been duly served, none have filed a memorandum of appearance, conditional appearance, or any legal response to the suit.

Counsel to the fifth defendant, Kehinde Ogunwumiju, SAN, declined to comment on the proceedings.

Punch