The Federal High Court in Port Harcourt has adjourned until May 26, 2025, a constitutional suit challenging President Bola Tinubu's declaration of a state of emergency in Rivers State and the subsequent suspension of elected officials.
The suit, filed by former federal lawmaker and 2023 Rivers State governorship aspirant Dr. Farah Dagogo, contests the constitutionality of President Tinubu's actions in suspending Governor Siminalayi Fubara, Deputy Governor Professor Ngozi Odu, and all members of the Rivers State House of Assembly.
On March 18, 2025, President Tinubu declared a state of emergency in Rivers State, citing a prolonged political crisis that he claimed posed a threat to national assets in the oil sector. Following this declaration, he appointed retired Vice Admiral Ibok-Ete Ibas as the state's Sole Administrator.
Dr. Dagogo filed Suit No: FHC/PH/CS/50/2025 on April 9, 2025, arguing that the President's actions exceeded his constitutional authority.
During Monday's court session, the plaintiff's counsel, Cosmas Enweluzo, SAN, informed Justice Adamu Turaki Mohammed that all defendants had been properly served with court documents and expressed readiness to proceed with the case.
The defendants named in the suit include President Tinubu, Senate President Senator Godswill Akpabio, the Nigerian Senate, Speaker of the House of Representatives Hon. Tajudeen Abbas, and Vice Admiral Ibas.
Of all the defendants, only Vice Admiral Ibas was represented in court through his counsel, Kehinde Ogunwumiju, SAN, who requested additional time to respond to the originating summons. Justice Mohammed granted the extension but emphasized that the case would proceed on the next adjourned date regardless of further delays.
Speaking to journalists after the court session, Enweluzo maintained that President Tinubu's actions were unconstitutional, stating: "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 Rivers State by fiat. It is a constitutional aberration and must not be allowed."
The senior advocate questioned the security justification for the emergency rule, noting: "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 further explained that the adjournment was granted because counsel for the fifth defendant was at the court registry filing documents in response to the originating summons. He noted that despite proper service, none of the other defendants had filed any form of legal response to the suit.
Meanwhile, counsel to Vice Admiral Ibas, Kehinde Ogunwumiju, SAN, declined to comment on the matter when approached by journalists.
The case has attracted significant attention as it represents a major constitutional test of presidential powers and the limits of federal intervention in state affairs.