Court fix date to hear suit challenging suspension of Fubara, others

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Belema Briggs and others filed a lawsuit 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 Federal High Court in Port Harcourt has set May 21, 2025, as the start date for the hearing.

The plaintiffs are requesting a judicial interpretation of Sections 1, 4, 5, 11, 180, 188, and 305 of the Federal Republic of Nigeria’s 1999 Constitution (as amended).

They are requesting that the court decide whether President Tinubu has the constitutional right to suspend Rivers State’s elected executive branch, which is granted a four-year term under these rules.

The plaintiffs contest President Tinubu’s March 18, 2025, proclamation of a state of emergency, which led to the suspension of the governor, deputy governor, and members of the Rivers State House of Assembly.

They are insisting that such actions may constitute a flagrant violation of the constitutional provisions listed above.

The plaintiffs also ask the court in their originating summons to interpret whether the National Assembly can validate the President’s proclamation that essentially suspended the state government’s executive branch in accordance with Sections 5, 11, and 305 of the Constitution.

Another question put out for resolution is whether President Tinubu is legally permitted to designate retired Vice Admiral Ibas as Sole Administrator to manage Rivers State’s affairs in accordance with Sections 4, 5, and 305 of the Constitution.

Additionally, arguing that Section 1 of the Constitution forbids such a takeover of a democratically elected government, the plaintiffs are asking the court to rule on whether the suspension of the elected executive arm and the subsequent appointment of a Sole Administrator constitute an unconstitutional takeover.

Furthermore, the plaintiffs contend that Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4, is violated by the removal of the elected legislative and executive branches and the designation of Ibas as sole administrator.

Following confirmation that all required parties had been properly served, the sitting court postponed the hearing to May 21, 2025.

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