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COURT SETS MAY 26 FOR HEARING ON TINUBU’S EMERGENCY RULE IN RIVERS
The Federal High Court in Port Harcourt has adjourned until May 26, 2025, the constitutional suit filed by Dr. Farah Dagogo, a former federal lawmaker and 2023 Rivers State governorship aspirant, challenging President Bola Tinubu’s suspension of Governor Siminalayi Fubara, Deputy Governor Professor Ngozi Odu, and all members of the Rivers State House of Assembly.
President Tinubu, on March 18, 2025, declared a state of emergency in Rivers State due to the prolonged political crisis in the state, which he said posed a threat to national assets in the oil sector.
He subsequently suspended the state’s democratically elected leadership and appointed retired Vice Admiral Ibok-Ete Ibas as the state’s Sole Administrator.
In reaction, Dr. Dagogo filed Suit No: FHC/PH/CS/50/2025 on April 9, 2025, contending that the President’s actions were unconstitutional and exceeded his legal authority.
During Monday’s hearing, the plaintiff’s counsel, Cosmas Enweluzo, SAN, informed the court that all defendants had been properly served and that they were ready to proceed.
The defendants listed in the suit include President Tinubu, Senate President Senator Godswill Akpabio, the Nigerian Senate, Speaker of the House of Representatives Hon. Tajudeen Abbas, and Ibas.
Of the defendants, only the fifth, Vice Admiral Ibas, was represented in court through his counsel, Kehinde Ogunwumiju, SAN, who requested more time to respond to the originating summons.
After hearing from both sides, Justice Adamu Turaki Mohammed granted the extension but emphasized that the case would proceed on the next adjourned date regardless of any further delays.
Speaking to journalists after the session, Enweluzo maintained that President Tinubu’s actions were unconstitutional.
Enweluzo said, “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 added, “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.”
While commending Dagogo for taking legal action against the president’s decision, Enweluzo said, “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 in Degema, Bonny, and others.”
Providing insight into the reason for the adjournment, Enweluzo explained that counsel for the fifth defendant informed the court that their team was at the court registry filing documents in response to the originating summons.
He noted that the fifth defendant’s counsel requested an adjournment to finalize the filing process, and in the interest of fairness, they did not object.
Enweluzo further stated that although all other defendants had been properly served, none had filed a memorandum of appearance, conditional appearance, or any form of legal response to the suit.
Meanwhile, counsel to the fifth defendant, Kehinde Ogunwumiju, SAN, declined to comment on the matter.
