Rivers: Federal High Court Adjourns Constitutional Suit Over Suspension Of Fubara, Others

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

Naijaonpoint reports that the case has been adjourned to May 26, 2025.

The suit, filed by a former federal lawmaker and PDP Rivers State Governorship aspirant in the 2023 elections, Farah Dagogo, seeks to challenge President Tinubu’s actions, which were taken following a State of Emergency declared in Rivers State.

The President cited security concerns as the basis for his actions.

On March 18, 2025, President Tinubu announced the suspension of the state’s democratically elected leadership and appointed Vice Admiral Ibok-Ete Ibas (rtd) as the Administrator of Rivers State.

In response, Dagogo filed Suit No: FHC/PH/CS/50/2025 on April 9, 2025, arguing that the President’s actions were ultra vires (beyond his legal authority) and lacked constitutional backing.

At Monday’s hearing, the plaintiff’s counsel, 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 case include President Bola Tinubu, Senate President, Godswill Akpabio, the Senate of the Federal Republic of Nigeria, Speaker of the House of Representatives, Tajudeen Abbas, and Vice Admiral Ibok-Ete Ibas (retired), the newly appointed Rivers State Administrator.

Of the named defendants, only Vice Admiral Ibas (retired) appeared through his counsel, Kehinde Ogunwumiju, SAN.

Ogunwumiju requested additional time to file responses 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 any further delays.

Following the hearing, Enweluzo spoke to journalists, reiterating that President Tinubu acted outside the Constitution by unilaterally appointing an Administrator for Rivers State and suspending duly elected officials.

“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,” he emphasized.

Enweluzo also questioned the justification for declaring a state of emergency in Rivers State, arguing that similar security challenges in states like Benue, Plateau, and Borno had not resulted in the same drastic action.

“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.

Enweluzo commended Dagogo for his principled stance in defending the Constitution. “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,” Enweluzo said.

Enweluzo explained the reason for the adjournment, stating that counsel for the fifth defendant, Vice Admiral Ibas, had requested additional time to complete filings in response to the originating summons.

“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.

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

Counsel to Vice Admiral Ibas, Kehinde Ogunwumiju (SAN), declined to comment on the proceedings.