The Federal High Court sitting in Port Harcourt will, on May 21, 2025, commence hearing in a suit filed 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 over the suspension of Governor Siminalayi Fubara and others.
In the suit, the plaintiffs, Belema Briggs and others, are requesting a judicial interpretation of Sections 1, 4, 5, 11, 180, 188, and 305 of the Federal Republic of Nigeria’s 1999 Constitution (as amended).
They are requesting that the court decide whether President Tinubu has the constitutional right to suspend Rivers State’s elected executive branch, which is granted a four-year term under these rules.
The plaintiffs are challenging the declaration of a state of emergency by President Tinubu on March 18, 2025, which resulted in the suspension of the Governor, Deputy Governor, and members of the Rivers State House of Assembly.
In their originating summons, Belema Briggs and others also seek the court’s interpretation of whether the National Assembly has the power, under Sections 5, 11, and 305 of the Constitution, to ratify the President’s proclamation that effectively suspended the executive arm of the state government.
Another issue raised for determination is whether President Tinubu has the legal authority, based on Sections 4, 5, and 305 of the Constitution, to appoint retired Vice Admiral Ibas as Sole Administrator to oversee the affairs of Rivers State.
The plaintiffs are also asking the court to declare whether the suspension of the elected executive arm and the subsequent appointment of a Sole Administrator amount to an unconstitutional takeover of a democratically elected government, which they argue is prohibited by Section 1 of the Constitution.
They further contended that Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4, is violated by the appointment of Ibas as Sole Administrator and the suspension of the elected legislative and executive branches.
The presiding judge, after confirming that all necessary parties had been duly served, adjourned the matter to May 21, 2025, for hearing.
