A federal high court sitting in Port Harcourt has shifted hearing on the legal challenge against the controversial emergency rule imposed on Rivers State to May 26.
The lawsuit, instituted by Farah Dagogo, a former lawmaker, questions the constitutional basis for suspending Siminalayi Fubara, the Rivers governor, along with the state house of assembly.
Listed as defendants in the suit are Tinubu, Senate president Godswill Akpabio, the Nigerian Senate, the speaker of the house of representatives, and Ibok-Ete Ibas, the retired naval officer appointed as the sole administrator of Rivers. Last month, Justice Adamu Mohammed had instructed that the court documents be served to the defendants by pasting them at their last known addresses and through courier delivery.
When proceedings resumed on Monday, only Ibas was represented in court, by Kehinde Ogunwumiju, a senior advocate of Nigeria (SAN). Other defendants failed to appear through counsel. Cosmas Enweluzo, representing Dagogo, told the court that all parties had duly received court documents. Ogunwumiju, appearing for the Rivers sole administrator, asked for extra time to file his response to the originating summons. After considering the submissions, Justice Mohammed warned that the court would not tolerate unnecessary delays and fixed May 26 for the matter to continue.
Speaking to reporters after the session, Enweluzo emphasized that Tinubu lacked legal powers to suspend democratically elected officials. “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 dismissed the justification of insecurity for the imposition of emergency rule, noting that states like Benue, Plateau, and Borno grapple with violence without similar interventions. “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,” Enweluzo added.
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He further disclosed that counsel for the fifth defendant (Ibas) informed the court that their team was in the process of filing court responses, hence the adjournment request — which Dagogo’s counsel did not oppose. “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,” Enweluzo noted.
On March 18, Tinubu proclaimed a state of emergency in Rivers, citing ongoing political instability. He also suspended Fubara, his deputy Ngozi Odu, and members of the state assembly for an initial six month period. The move paved the way for Ibas to assume full administrative control of the state.
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