A suit challenging the suspension of Rivers Governor Siminalayi Fubara, the Deputy Governor, Prof. Ngozi Odu, and members of the State House of Assembly has been adjourned until May 26.
The suit was filed before a Federal High Court in Port Harcourt by Dr. Farah Dagogo, a former federal lawmaker and 2023 PDP Rivers governorship aspirant.
Persecondnews reported that President Bola Tinubu had, on March 18, 2025, declared a state of emergency in the state, citing security concerns.
He further announced the suspension of the state’s democratically elected leadership and appointed retired Vice Admiral Ibok-Ete Ibas as the Administrator.
In response, Dr. Dagogo filed Suit No: FHC/PH/CS/50/2025 on April 9, 2025, arguing that the President’s actions were ultra vires and lacked any constitutional backing.
During the hearing of the suit on Monday, Mr. Cosmas Enweluzo (SAN), counsel to the plaintiff, informed the court that all defendants had been properly served and expressed readiness to proceed with the case.
The defendants in the suit include President Tinubu, Senate President Godswill Akpabio, the Senate, House of Representatives Speaker Tajudeen Abbas, and Ibas.
Among the named defendants, only the fifth defendant, Ibas, appeared in court through his counsel, Mr. Kehinde Ogunwumiju (SAN), who requested more time to respond to the originating summons.
After hearing from both counsel, Justice Adamu Mohammed granted the request but warned that the case would proceed on the next adjourned date, regardless of any further delays.
Speaking to newsmen after the court session, Enweluzo reiterated that Tinubu acted outside the Constitution.
He said: “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.
“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.”
Enweluzo questioned the President’s justification for declaring a state of emergency, noting that severe insecurity in parts of the North had not prompted similar 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.
“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,” he said.
Enweluzo explained that the case was adjourned because, “Counsel to the fifth defendant told the court that their staff were at the Registry filing processes in response to our originating summons.
“They requested an adjournment to complete their filings. 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 that while all other defendants have been duly served, none have filed a memorandum of appearance, conditional appearance, or any legal response to the suit.
Counsel to the fifth defendant, Ogunwumiju, declined to comment on the proceedings.
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