Court Grants ‘Unconstitutional’ Rivers Administrator Time To Respond In Suit Challenging Fubara’s Suspension
The Federal High Court sitting in Port Harcourt has adjourned to May 26, 2025, the constitutional suit filed by Dr. Farah Dagogo, a former federal lawmaker and 2023 Rivers State governorship aspirant, challenging the suspension of Governor Siminalayi Fubara, Deputy Governor Professor Ngozi Odu, and all members of the Rivers State House of Assembly by President Bola Ahmed Tinubu.
On March 18, 2025, President Tinubu declared a state of emergency in Rivers State, citing security concerns. He further announced the suspension of the state’s democratically elected leadership and appointed Vice Admiral Ibok-Ete Ibas (Rtd) as the Administrator of Rivers State.
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 constitutional backing.
At the hearing on Monday, counsel to the plaintiff, Cosmas Enweluzo, SAN, informed the court that all defendants had been duly served and expressed readiness to proceed with the matter.
The defendants in the suit include:
Of all the named defendants, only the fifth defendant, Vice Admiral Ibas, appeared through his counsel, Kehinde Ogunwumiju, SAN, who requested additional time to respond to the originating summons.
After hearing from both counsels, Justice Adamu Turaki Mohammed granted the request but cautioned that the matter would proceed on the next adjourned date regardless of any further delays.
Speaking to journalists after the court session, Enweluzo reiterated that President Tinubu acted outside the scope of his constitutional powers.
“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 members of the House of Assembly.
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 the state by fiat. It is a constitutional aberration and must not be allowed.”
He also questioned the justification for the declaration of a state of emergency.
“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.”
Enweluzo commended Dr. Dagogo for initiating the legal action in defense of constitutional governance.
“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 elected and to be represented by legislators from their constituencies in Degema, Bonny, and elsewhere.”
Explaining the reason for the adjournment, Enweluzo stated:
“Counsel for the fifth defendant informed 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. However, if delays persist beyond that date, the court is entitled to proceed with the case.”
He added that, aside from the fifth defendant, none of the other parties had filed a memorandum of appearance, conditional appearance, or any legal response to the suit despite being duly served.
Counsel to the fifth defendant, Kehinde Ogunwumiju, SAN, declined to comment on the proceedings.
