Court adjourns suit challenging Tinubu’s suspension of Fubara, others in Rivers

The Federal High Court sitting 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 Tinubu.

The adjournment was made to May 26, 2025 after a hearing on Monday.

The suit was filed by former federal lawmaker and 2023 Rivers State governorship aspirant, Dr. Farah Dagogo, who argues that President Tinubu’s actions are unconstitutional.

The case challenges the President’s suspension of the state’s democratically elected officials and his appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the state’s Administrator after declaring a state of emergency in Rivers on March 18, 2025. The President cited security concerns as the reason for the declaration.

Dr. Dagogo filed Suit No: FHC/PH/CS/50/2025 on April 9, 2025, contending that the President’s actions lacked constitutional backing and were ultra vires.

During the hearing, Cosmas Enweluzo, SAN, counsel to the plaintiff, informed the court that all defendants had been duly served and were ready to proceed. The defendants named 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 (Rtd), the Administrator of Rivers State.

Of all the defendants, only Vice Admiral Ibas appeared through his counsel, Kehinde Ogunwumiju, SAN, who requested additional time to respond to the originating summons. After hearing from both parties, Justice Adamu Turaki Mohammed granted the request but warned that the matter would proceed on the next adjourned date, regardless of further delays.

Speaking after the court session, Enweluzo emphasized that the case is about the President’s violation of the Constitution. He stated, “The President cannot act as a ‘Tin god’. He does not have the constitutional authority to suspend elected representatives or govern over four million Rivers people and those doing business in Rivers State by fiat. It is a constitutional aberration and must not be allowed.”

Enweluzo also questioned the justification for declaring a state of emergency, stating, “The insecurity narrative is unfounded. In states like Benue, Plateau, and Borno, where serious security challenges persist, no state of emergency was declared. Rivers State has remained relatively peaceful.”

He commended Dr. Dagogo for challenging what he described as unconstitutional actions, asserting that citizens have the right to be governed by their elected officials.

Regarding the adjournment, Enweluzo explained that counsel for the fifth defendant (Vice Admiral Ibas) requested additional time to complete filings in response to the originating summons. “Since it was their first request, we agreed,” he said. The court then adjourned the case to May 26, 2025, with the reminder that if delays continue, the court may proceed with the case.

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