The Federal High Court sitting in Port Harcourt has postponed hearing in a constitutional case challenging President Bola Tinubu’s suspension of Rivers State Governor Siminalayi Fubara, his deputy Professor Ngozi Odu, and members of the state’s House of Assembly.
The case was adjourned to May 26, 2025, following proceedings on Monday.
The legal action, brought by Dr. Farah Dagogo, a former federal lawmaker and 2023 Rivers governorship aspirant, alleges that the President acted beyond his constitutional powers.
Dagogo is contesting the suspension of elected officials in the state and the subsequent appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as Administrator after a state of emergency was declared on March 18, 2025, citing security concerns.
Filed under Suit No: FHC/PH/CS/50/2025 on April 9, Dagogo argues the President’s actions are unconstitutional and lack legal justification.
During Monday’s session, lead counsel to the plaintiff, Cosmas Enweluzo, SAN, informed the court that all parties had been properly served and were prepared to move forward.
The defendants listed include President Tinubu, Senate President Godswill Akpabio, the Senate of the Federal Republic of Nigeria, House Speaker Tajudeen Abbas, and Vice Admiral Ibok-Ete Ibas.
Only Ibas was represented in court through his lawyer, Kehinde Ogunwumiju, SAN, who sought more time to respond to the originating summons.
Granting the request, Justice Adamu Turaki Mohammed stressed that no further delays would be entertained, warning that the case would proceed on the next date regardless.
Speaking to journalists afterward, Enweluzo insisted that the President had violated constitutional limits.
“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,” he said.
He also challenged the rationale for the emergency declaration.
“The insecurity narrative is unfounded. In states like Benue, Plateau, and Borno, where serious security challenges persist, no state of emergency was declared. Rivers State has remained relatively peaceful,” Enweluzo argued.
He praised Dr. Dagogo’s bold stance, adding that every citizen has a right to constitutional governance.
“Citizens have the right to be governed by their elected officials,” he said.
On the adjournment, Enweluzo clarified that Vice Admiral Ibas’s counsel requested more time to file responses.
“Since it was their first request, we agreed,” he noted, adding that no other defendants had yet entered appearances or filed any legal responses.
The court fixed May 26, 2025, as the new date for hearing.
