The Federal High Court sitting in Port Harcourt, Rivers State, has adjourned to May 26, 2025, hearing on the suit filed by former member of the House of Representatives, Dr. Farah Dagogo, challenging the suspension of Governor Siminalayi Fubara, Deputy Governor Professor Ngozi Odu, and members of the State House of Assembly by President Bola Tinubu.
Tinubu, who had on March 18, 2025, declared a State of Emergency in Rivers State, citing security concerns, went further to announce the suspension of Fubara, his deputy and members of the State House of Assembly.
The President also appointed Vice Admiral Ibok-Ete Ibas (Rtd) as the Sole Administrator of state.
In response, Dagogo, who is also a former governorship aspirant of the Peoples Democratic Party (PDP) filed a suit with number: FHC/PH/CS/50/2025 on April 9, 2025, arguing that the President’s actions were ultra vires and lacked any 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 case.
The defendants in the suit include President Tinubu, the Senate President, Godswill Akpabio; the Senate of the Federal Republic of Nigeria, Speaker of the House of Representatives, Hon. Tajudeen Abbas and Rivers State Sole Administrator, Vice Admiral Ibok-Ete Ibas (Rtd).
Out of all the named defendants, only the fifth defendant, Ibas, appeared in court through his counsel, Kehinde Ogunwumiju, SAN, who requested additional time to respond to the originating summons.
After hearing from both counsels, the presiding judge, Justice Adamu Turaki Mohammed granted the request, but cautioned that the matter would proceed on the next adjourned date regardless of further delays.
Speaking to journalists after the court session, Enweluzo reiterated that Tinubu acted outside the bounds of the Constitution.
“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 Rivers people and those doing businesses in Rivers State by fiat. It is a constitutional aberration and must not be allowed,” he said.
Enweluzo also questioned the justification provided by the President for declaring 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,” he noted.
The legal practitioner commended Dagogo for taking legal action in defense of the Constitution, stressing that, “Citizens have a right to be governed by officials they have elected and represented by legislators of their constituencies in Degema, Bonny, and others.”
Explaining the reason for the adjournment, Enweluzo said, “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. If delays persist beyond that, the court will be entitled to proceed with the case.”
He stated 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, SAN, declined to comment on the proceedings.
