Legal representatives of Farah Dagogo, a former member of the National Assembly and 2023 gubernatorial aspirant in Rivers State, have maintained that President Bola Ahmed Tinubu's suspension of the duly elected executive and legislative arms of the Rivers State Government is unconstitutional.
This assertion was made on Thursday during the resumed hearing of Suit No. FHC/PH/CS/50/2025 at the Federal High Court, Abuja.
The suit, originally filed in the Port Harcourt Division of the Federal High Court, was reassigned to the Abuja Division following a directive from the Attorney-General of the Federation to the Chief Judge of the Federal High Court.
At the resumed proceedings, counsels to the first and fifth defendants, Prof. Kanyinsola Ajayi, SAN, and Abduljabar Aliyu respectively were present, while the third and fourth defendants failed to make appearances.
After hearing requests for extension of time from counsels to the first and fifth defendants to enable them to respond adequately to the plaintiff's filings, Justice James Omotosho adjourned the matter to July 9, 2025.
Constitutional Challenge
Speaking to journalists outside the courtroom, Babafemi Adegbite, a member of Dr. Dagogo's legal team, clarified the core of the plaintiff's contention.
"Dr. Farah Dagogo is challenging the constitutionality of the President's actions in Rivers State. Specifically, we are contesting the imposition of an administrator in a state governed by an elected administration. The President does not possess constitutional authority to unilaterally suspend a democratically elected government and replace it with an appointed administrator," Adegbite explained.
"The case filed by Dr. Farah Dagogo is against the unconstitutional imposition of Sole Administrator in Rivers State in breach of the constitution, that is what we are complaining against. The gravamen of our case is the fact that the President does not have the constitutional power to do what he did in Rivers State," he added.
Background of the Crisis
The legal challenge follows President Tinubu's declaration of a state of emergency in Rivers State on March 18, 2025, citing security concerns. The declaration led to the suspension of the state's elected government, headed by Governor Siminalayi Fubara, and the appointment of retired Vice Admiral Ibok-Ete Ibas as administrator.
In response, Dr. Dagogo instituted legal action on April 9, 2025, naming as defendants: the President of the Federal Republic of Nigeria, the President of the Senate, the Senate, the Speaker of the House of Representatives, and the appointed Administrator of Rivers State.
The case was initially scheduled for hearing before Justice Turaki Mohammed in Port Harcourt on May 26, 2025. However, prior to the scheduled date, the Attorney-General of the Federation requested, and the Chief Judge of the Federal High Court approved, the transfer of the matter to the Abuja Division.
This legal challenge represents a significant constitutional question regarding the limits of presidential power in relation to state governments in Nigeria's federal system.
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