Rivers: Court Fixes Date To Hear Suit Challenging Suspension Of Fubara, Others By Tinubu

The Federal High Court located in Port Harcourt has set May 21, 2025, as the date to begin hearings on a lawsuit initiated by Belema Briggs and others against President Bola Tinubu, the National Assembly, the Attorney General of the Federation, Lateef Fagbemi, the Sole Administrator of Rivers State, retired Vice Admiral Ibok-Ete Ibas, and the Nigerian Navy.

The plaintiffs are requesting a judicial interpretation of specific sections of the 1999 Constitution of the Federal Republic of Nigeria (as amended), namely, Sections 1, 4, 5, 11, 180, 188, and 305.

They seek a ruling from the court on whether President Tinubu possesses the constitutional power to suspend an elected executive branch of government in Rivers State, which is entitled to a four-year term as per constitutional guarantees.

The plaintiffs are contesting the state of emergency declared by President Tinubu on March 18, 2025, which led to the suspension of Governor Siminalayi Fubara, his Deputy and members of the Rivers State House of Assembly.

They argue that these actions may represent a serious breach of the aforementioned constitutional provisions.

In their originating summons, the plaintiffs also request the court to clarify whether the National Assembly has the authority, under Sections 5, 11, and 305 of the Constitution, to endorse the President’s declaration that effectively suspended the state government’s executive branch.

Additionally, they raise the question of whether President Tinubu has the legal right, according to Sections 4, 5, and 305 of the Constitution, to appoint retired Vice Admiral Ibas as Sole Administrator to manage the affairs of Rivers State.

Naijaonpoint reports that the plaintiffs are seeking a court ruling to determine whether the suspension of the elected executive branch and the subsequent appointment of a Sole Administrator constitutes an unconstitutional seizure of a democratically elected government, which they contend is forbidden by Section 1 of the Constitution.

Furthermore, the plaintiffs assert that the dismissal of both the elected executive and legislative branches, along with the appointment of Ibas as Sole Administrator, infringes upon Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4.

The presiding judge, having verified that all relevant parties had been properly notified, has postponed the hearing to May 21, 2025.