Court adjourns case challenging Tinubu’s suspension of Rivers Governor, Deputy, Lawmakers

The Federal High Court in Port Harcourt has deferred the hearing of a constitutional case challenging the suspension of Rivers State Governor Siminalayi Fubara, his deputy Professor Ngozi Odu, and members of the state’s House of Assembly by President Bola Tinubu.

The case was adjourned on Monday to 26 May 2025.

The lawsuit, filed by Dr Farah Dagogo, a former federal lawmaker and 2023 gubernatorial aspirant in Rivers, contests the legality of the President’s action, describing it as unconstitutional. On 18 March 2025, President Tinubu declared a state of emergency in Rivers State citing alleged security concerns and appointed retired Vice Admiral Ibok-Ete Ibas as the state’s Administrator.

Dr Dagogo, in Suit No: FHC/PH/CS/50/2025 lodged on 9 April 2025, contends that the President lacks the constitutional authority to suspend elected officials and argues that his actions exceed his legal powers.

During Monday’s session, counsel to the claimant, Cosmas Enweluzo, SAN, confirmed that all defendants had been properly served and were expected to participate in the proceedings. The listed defendants include President Tinubu, Senate President Godswill Akpabio, the Senate of the Federal Republic, Speaker of the House of Representatives Tajudeen Abbas, and Vice Admiral Ibok-Ete Ibas.

However, only Vice Admiral Ibas was represented in court by his lawyer, Kehinde Ogunwumiju, SAN, who requested additional time to respond to the originating summons. Justice Adamu Turaki Mohammed granted the request but emphasised that the matter would proceed on the rescheduled date, irrespective of the readiness of all parties.

Speaking to journalists after the court session, Enweluzo stated that the lawsuit was aimed at defending constitutional order and opposing what he termed as executive overreach. “The President cannot assume the role of a ‘Tin god’. He does not possess the constitutional mandate to suspend elected representatives or govern unilaterally over the people of Rivers State. Such actions are unconstitutional and must be curtailed,” he declared.

He questioned the rationale for declaring a state of emergency in Rivers State, highlighting that no such measure was taken in states like Benue, Plateau, and Borno, where security issues are more pronounced. “Rivers State has maintained relative peace,” he asserted.

Enweluzo lauded Dr Dagogo for challenging what he described as unconstitutional acts, stressing that citizens have the right to be governed by their democratically elected leaders.

He further explained that the adjournment resulted from the fifth defendant’s counsel seeking more time to complete their response. “Since it was their first application for an extension, we conceded,” Enweluzo remarked. The court subsequently set 26 May 2025 as the next hearing date, with a caution that further delays would not be accepted.

Enweluzo also noted that, despite being duly served, none of the other defendants had filed a formal response or memorandum of appearance in the case to date.