Court Sets Date to Hear Suit Challenging Suspension of Fubara, Others

The Federal High Court in Port Harcourt has scheduled May 21, 2025, to begin hearing a suit filed by Belema Briggs and others against President Bola Tinubu, the National Assembly, the Attorney General of the Federation, Lateef Fagbemi, the Sole Administrator of Rivers State, retired Vice Admiral Ibok-Ete Ibas, and the Nigerian Navy. The plaintiffs are seeking judicial interpretation of specific sections of the 1999 Constitution of the Federal Republic of Nigeria (as amended), particularly Sections 1, 4, 5, 11, 180, 188, and 305.

The suit challenges the constitutionality of the suspension of the elected executive arm of government in Rivers State, which the plaintiffs argue is protected by a four-year tenure as outlined in the constitution. The plaintiffs are contesting the declaration of a state of emergency by President Tinubu on March 18, 2025, which led to the suspension of the Governor, Deputy Governor, and members of the Rivers State House of Assembly.

The plaintiffs seek the court’s determination on whether President Tinubu has the constitutional authority to suspend the executive arm of the state government, and whether the National Assembly can ratify such a suspension under Sections 5, 11, and 305 of the Constitution. They also question the legality of appointing retired Vice Admiral Ibas as Sole Administrator of Rivers State, arguing that this move may violate the Constitution.

Further, the plaintiffs are asking the court to rule whether the suspension of the elected executive arm and the subsequent appointment of a Sole Administrator constitute an unconstitutional takeover of a democratically elected government, which they claim is prohibited by Section 1 of the Constitution. They also contend that this action violates the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4, by removing the elected executive and legislative arms.

After confirming that all relevant parties had been served, the presiding judge adjourned the matter to May 21, 2025, for hearing.