The Federal High Court in Port Harcourt has adjourned until May 26, 2025, a suit challenging the suspension of Rivers State Governor, Siminalayi Fubara, his deputy, Prof. Ngozi Odu, and the entire state House of Assembly by President Bola Tinubu.
The suit was instituted by former federal lawmaker and 2023 Rivers State governorship aspirant under the Peoples Democratic Party (PDP), Dr. Farah Dagogo.
On March 18, 2025, President Tinubu declared a state of emergency in Rivers State, citing security concerns.
He subsequently suspended the state’s democratically elected leadership and appointed Vice Admiral Ibok-Ete Ibas (retd.) 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 unconstitutional and beyond the powers conferred on him by law.
At the hearing on Monday, counsel for the plaintiff, Cosmas Enweluzo (SAN), informed the court that all defendants had been duly served and expressed readiness to proceed.
The defendants in the suit include President Tinubu; the Senate President, Godswill Akpabio; the Senate; the Speaker of the House of Representatives, Tajudeen Abbas; and the Rivers State sole administrator, Ibas.
Of all the defendants, only Ibas appeared through his counsel, Kehinde Ogunwumiju (SAN), who requested additional time to file a response to the originating summons.
Justice Adamu Mohammed granted the request but warned that the matter would proceed on the next adjourned date regardless of further delays.
Speaking with journalists after the session, Enweluzo insisted that President Tinubu acted outside the bounds of the Constitution.
“The case challenges the President’s unilateral appointment of an Administrator for Rivers State and the suspension of duly elected officials, including the Governor, Deputy Governor, and House of Assembly members,” he said. “The President cannot act like 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 also challenged the justification offered by the President for the emergency declaration, citing persistent insecurity in parts of the North where no such drastic action had been taken.
“In Benue, Plateau, and Borno States, there are ongoing killings, and local governments remain under the control of insurgents. Yet no state of emergency has been declared there. Rivers State remains relatively peaceful,” Enweluzo added.
The senior advocate commended Dagogo for taking legal action in defence of 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 those they elected and to be represented by legislators from Degema, Bonny, and other constituencies,” he said.
Explaining the reason for the adjournment, Enweluzo said: “Counsel for the fifth defendant informed the court that their team was at the Registry filing processes in response to our originating summons. Since it was their first request, we agreed to the adjournment in the interest of fairness. The court then adjourned to May 26, 2025. If delays persist beyond that, the court will proceed regardless.”
He noted that although all other defendants had been properly served, none had filed a memorandum of appearance, conditional appearance, or any legal response.
Counsel for the plaintiff, Ogunwumiju, declined to comment on the court proceedings.
The Punch
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