Court Action Seeks Removal Of Sole Administrator Of Rivers State, Ibas

The Federal High Court in Abuja has been called upon to annul the appointment of Vice Admiral Ibokette Ibas (rtd) as the Sole Administrator of Rivers State by President Bola Tinubu.

The suit, marked FHC/ABJ/CS/572/2025, was filed on Tuesday by Abuja-based lawyer, Johnmary Jideobi. It named President Tinubu as the first defendant, while Vice Admiral Ibas and the Attorneys-General of the 36 states of the federation are listed as defendants 2nd to 39th.

In his suit, Jideobi is asking the court to declare all actions and decisions taken by Ibas in his capacity as the Sole Administrator of Rivers State as “unconstitutional, null, and void.”

Naijaonpoint reports that he argues that these actions are without any legal foundation and should have no constitutional effect across Nigeria.

“The actions of the third defendant, Vice Admiral Ibas, in his capacity as Sole Administrator of Rivers State, are unconstitutional and should be declared null and void,” the suit states.

The plaintiff has also asked the court to issue a permanent injunction to prevent President Tinubu from further tampering with the tenure of the elected Governor and Deputy Governor of Rivers State, and any other state in Nigeria.

This includes a restraining order barring the President, his agents, or any other individual acting under his authority, from suspending or removing governors or appointing sole administrators.

In addition, the suit seeks an order to permanently prevent the President from appointing any Sole Administrator to any state government office throughout the federation. This would ensure that only duly elected officials hold office in state governments.

Naijaonpoint understands that this legal move comes in response to President Tinubu’s decision to appoint Vice Admiral Ibas as the Sole Administrator of Rivers State following the suspension of Governor Siminalayi Fubara.

In the Originating Summons he filed through a consortium of lawyers led by Mr. Chimezie Enuka, the plaintiff prayed the court to determine: “Whether in view of the combined provisions of the entirety of Sections 1, 5(2), 180, 188, 189, 305 and 306 of the 1999 Constitution of the Federal Republic of Nigeria as amended and their conflated interpretation, the President of the Federal Republic of Nigeria [1st Defendant herein] has any constitutional authority [whatsoever] to either remove, suspend or otherwise tamper with the tenure of the duly elected Governor and Deputy Governor of Rivers State [and indeed of any other State in Nigeria] and appoint a sole Administrator [or any other substitute howsoever called or described] such as the 3rd Defendant for that State?”

Upon the determination of the question, he prayed the court to declare that upon an intimate reading and complete understanding of the entirety of section 305 of the 1999 Constitution, as amended, there is NO other circumstance contemplated by the Constitution for the removal OR interruption of the tenure of an elected Governor and Deputy Governor of a State EXCEPT the circumstances contemplated under Sections 180, 188, 189 and 306 of the 1999 Constitution of the Federal Republic of Nigeria as amended.

He prayed for “A declaration of this Honorable Court that in view of the entirety of Sections 1, 5(2), 180, 188, 189, 305 and 306 of the 1999 Constitution of the Federal Republic of Nigeria as amended the President of the Federal Republic of Nigeria has NO constitutional authority to either remove, suspend or otherwise tamper with the tenure of a duly elected Governor and Deputy Governor of a State and appoint a sole Administrator [or any other substitute howsoever called or described] such as the 3rd Defendant herein for that State.

“A declaration of this Honourable Court that the purported suspension of the Governor and the Deputy-Governor of Rivers State of Nigeria by the 1st Defendant on Tuesday the 18th day of March, 2025 is unconstitutional, null and void and of no legal effect whatsoever.

“A declaration of this Honourable Court that the purported nomination/appointment and swearing in of Vice Admiral Ibokette Ibas (Rtd)by the 1st Defendant as the Sole Administrator of Rivers State of Nigeria is unconstitutional, null and void and of no legal effect whatsoever.

“An order of this Honourable Court setting aside the suspension of the Governor and the Deputy-Governor of Rivers State of Nigeria by the 1st Defendant on Tuesday the 18th day of March, 2025 for being unconstitutional, null and void and of no legal effect whatsoever.

“An order of this Honourable Court setting aside the nomination/appointment and swearing in of Vice Admiral Ibokette Ibas (Rtd) as the Sole Administrator of Rivers State of Nigeria by the 1st Defendant.”

Likewise, “An order of this Honourable Court directing Vice Admiral Ibokette Ibas (Rtd) [the 3rd defendant herein] to vacate, forthwith, the Government House of Rivers State of Nigeria.”

In a 32-paragraphed affidavit he deposed in support of the suit, the plaintiff maintained that though President Tinubu has the constitutional power to declare a state of emergency in deserving circumstances in any part of the federation, he does not have the power to suspend elected officials like a governor who is not his appointee.

“As a Nigerian Lawyer and all through my years of practice, I have never seen the word ‘Sole Administrator’ in the amended 1999 constitution of the Federal Republic of Nigeria.

“I know that neither the 1st Defendant nor the 2nd Defendant appointed the Governor and Deputy-Governor of Rivers State of Nigeria and that no Governor or Deputy Governor in Nigeria is an appointee of the 1st and 2nd Defendants.

“I know that Nigeria practices Federalism hinged on separation of power.

“I have instituted this suit in the public interest, in the defence of the Rule of Law and accentuation of the supremacy of the Constitution and to preserve the integrity of the Nigerian Constitution which is the most sacred document that holds the Nigerian State in balance and in being.

“I am genuinely worried that, in the absence of the intervention of this Court, removal of duly elected Governors and Deputy-Governors, may become the pastime of the President thereby opening the floodgate of anarchy capable of consuming this nation.

“It will be in the interest of justice for this Honourable Court to grant the prayers contained on the face of this Originating Summons,” the plaintiff averred.

Meanwhile, no date has been fixed for the matter to be heard.