Samuel Marshall
Multiple legal challenges have ensued following President Bola Tinubu’s proclamation on 18th March 2025 of an emergency rule in Rivers State. The proclamation comprised the bold suspension of State Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and the state’s entire House of Assembly for a preliminary duration of six months. These measures have sparked considerable interest and scrutiny, prompting a series of lawsuits. The legal proceedings are in various stages: some of the lawsuits are currently being evaluated by the courts, while others have been scheduled for preliminary hearings. Critics and supporters alike are keenly observing these developments, eager to discover how these judicial challenges will unfold and potentially influence the political landscape. ELEVEN PDP GOVERNORS
Eleven State governors from the Peoples Democratic Party (PDP), feeling unsafe in their respective domains, have filed a suit at the Supreme Court, marked SC/CV/329/2025, challenging the President’s action. The PDP governors have deployed 11 SANs, while the Attorney General of the Federation has taken action to maintain Tinubu’s order. The governors argue that the president lacks the constitutional power to suspend a democratically elected governor and deputy governor and that the appointment of a sole administrator is unconstitutional. They demanded to know, (1) Whether the President can lawfully suspend the Governor, Deputy Governor, or House of Assembly of any state and replace them with an unelected administrator under a state of emergency.
(2) Whether the method and manner of the emergency declaration violate several sections of the 1999 Constitution.
The plaintiffs argue that the emergency proclamation did not meet the constitutional requirements set by Section 305 of the 1999 Constitution and that the use of a voice vote by the National Assembly to approve the state of emergency is unconstitutional, requiring a two-thirds majority vote instead.
FARAH DAGOGO
Farah Dagogo, who once served as a member of Nigeria’s National Assembly, is also engaging in legal proceedings to contest the existing emergency governance in Rivers State. His involvement extends to litigating against influential political leaders, including Tinubu, Akpabio, Abbas, and Ibas, highlighting the significance of the case. The lawsuit, designated as Suit No: FHC/PH/CS/50/2025, was formally lodged on Wednesday, 9th April, 2025. Dagogo had previously aspired to govern the state during the 2023 elections. The court proceedings are set to progress, with the substantive hearing scheduled to take place on 12th May, 2025.
PILEX CENTRE FOR CIVIC EDUCATION INITIATIVE
The PILEX Centre for Civic Education Initiative, under the leadership of Courage Msirimovu, on their part, stepped in to counter a potential decision by the Sole Administrator, Ibok-Ette Ibas, who seemed poised to appoint Sole Administrators across the 23 Local Government Areas within the state.
The matter was filled at a Federal High Court in Port Harcourt. The ruling, delivered by Justice AdamuTuraki Muhammed in Suit No. FHC/PH/CS/ 46/2025, followed an ex parte motion filed on 28th March, 2025, by the PILEX Centre.
As the hearing unfolded, the court highlighted that the motion ex parte was submitted on 28th March 2025, with the applicants appealing for several forms of relief. A key request was for an interim injunction to prevent Ibas or any of his representatives from installing Sole Administrators—or any officers by another designation—for the 23 local government jurisdictions. They further appealed for any additional orders the court might consider suitable in light of the situation.
Justice Turaki, in considering the motion, determined there were valid reasons to approve the application, leading to the matter being postponed for further discussion to 14th April 2025 and, thereon. to 25th May 2025.
However, Retired Vice Admiral Ibok-EteEkweIbas proceeded with the appointment of Administrators across the 23 Local Government Areas in Rivers State on Wednesday, 29th March 2025.
JOHNMARY JIDEOBI
In furtherance of the ongoing judicial confrontations, Mr. JohnMary Jideobi, an attorney based in Abuja, has also instituted an action asserting that only persons duly elected in accordance with democratic principles are lawfully entitled to exercise the executive powers of a state. He seeks an order of court for the removal of Vice Admiral Ibok-Ette Ibas (retired) from his current appointment as the Sole Administrator of Rivers State.
The Attorneys-General of the thirty-six states of the Federation have been joined as defendants in the suit.
Jideobi is requesting that the court annul and invalidate all actions and decisions taken by the 3rd Defendant, Vice Admiral Ibok- Ette Ibas (retired), in his capacity as the Sole Administrator of Rivers State, arguing that these actions are unconstitutional and devoid of legal validity across the entire Federal Republic of Nigeria for all intents and purposes. The plaintiff also seeks a permanent injunction from the court to prevent the 1st Defendant, Tinubu, from removing, suspending, or in any way interfering with the terms of office for the Governor and deputy governor of Rivers State, as well as the Governors and Deputy-Governors of any other state in Nigeria, through his own means or through any of his officers, agents, associates, or representatives, regardless of their designation.
The plaintiff further prayed the court to issue a perpetual order of injunction, restraining the 1st defendant (Tinubu, either by himself, his officers, agents, privies, servants, or any other person acting under his command howsoever named from either removing, suspending, or otherwise tampering with the tenure of the Governor and Deputy-Governor of Rivers State and any other State in Nigeria.
The nation awaits with heightened anticipation the unfolding of further legal proceedings, as stakeholders brace for additional unforeseen developments in the ongoing controversy surrounding the challenged appointment.***
