ICYMI: Court to hear Rivers emergency rule case on May 26

A legal challenge to President Bola Tinubu’s declaration of a state of emergency in Rivers State is set to proceed on May 26, 2025, after the Federal High Court in Port Harcourt granted a brief adjournment during a hearing on Monday, May 12.

The suit, filed by Dr. Farah Dagogo, a former member of the House of Representatives and 2023 Rivers State governorship aspirant, contests Tinubu’s March 18 suspension of Governor Siminalayi Fubara, Deputy Governor Professor Ngozi Odu, and the entire state legislature.

The president justified the emergency declaration by citing threats to national assets in the oil sector and appointed retired Vice Admiral Ibok-Ete Ibas as the state’s Sole Administrator.

Dagogo’s legal counsel, Senior Advocate of Nigeria (SAN) Cosmas Enweluzo, told journalists that the president’s actions were not only unprecedented but unconstitutional.

President Has No Power to Suspend Elected Leaders - Lawyer

“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,” Enweluzo said.

Filed under suit number FHC/PH/CS/50/2025, the case lists several high-profile defendants, including President Tinubu, Senate President Godswill Akpabio, Speaker of the House of Representatives Hon. Tajudeen Abbas, and Admiral Ibas.

Only the fifth defendant, Vice Admiral Ibas, was represented in court on Monday. His counsel, Kehinde Ogunwumiju, SAN, requested additional time to respond to the originating summons.

Justice Adamu Turaki Mohammed granted the extension but firmly stated that the hearing would proceed on May 26 regardless of further delays.

Enweluzo, while not opposing the request for adjournment, criticised the broader silence from other defendants.

“All defendants have been properly served, yet none except the fifth has filed even a conditional appearance,” he said.

Why Tinubu's action isn't justified

He further questioned the security rationale used to justify the emergency in Rivers State, pointing out that “in Benue, Plateau, and Borno States, serious security challenges persist… Yet no state of emergency was declared there. Rivers State has remained relatively peaceful.”

Enweluzo commended Dr. Dagogo for initiating the constitutional challenge.

“We are grateful for principled leaders like Dr Farah Dagogo who are willing to defend the Nigerian Constitution.

“Citizens have a right to be governed by officials they have elected and represented by legislators of their constituencies,” he said

Counsel to the fifth defendant, Ogunwumiju, declined to speak with the media following the hearing.