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Court Frowns Over Delay In Fubara’s Suspension Suit


A Federal High Court sitting in Port Harcourt, Rivers State has warned against further delay in a suit challenging the suspension of Governor Siminialayi Fubara, his Deputy, Ngozi Ordu and the Rivers State House of Assembly, over the State’s political crisis.

The suit, which was filed by former member of the House of Representatives, and 2023 Rivers State governorship aspirant, Farah Dagogo has as defendants, President Bola Ahmed Tinubu, Senate President; Senator Godswill Akpabio, The Senate of the Federal Republic of Nigeria, Speaker of the House of Representatives, Tajudeen Abbas and Vice Admiral Ibok-Ete Ibas (Rtd), Rivers State Administrator.

Tinubu had on March 18, 2025, declared a State of Emergency in Rivers State, citing security concerns, and announced the suspension of the state’s democratically elected leadership and appointed Vice Admiral Ibok-Ete Ibas (Rtd) as the sole administrator of Rivers State.

In response, Dagogo headed to the court and filed Suit No: FHC/PH/CS/50/2025 on April 9, 2025, arguing that the President’s actions were ultra vires and lacked any constitutional backing.

On Monday, the court, which was presided over by Justice Adamu Turaki Mohammed adjourned the suit to May 26, 2025, but
cautioned that the matter would proceed on the next adjourned date regardless of further delays.

The judge took the decision because among the defendants in the suit, it was only the fifth defendant, Vice Admiral Ibas, who appeared through his counsel, Kehinde Ogunwumiju, SAN, who had requested for additional time to respond to the originating summons,

Dagogo’s counsel, Cosmas Enweluzo, SAN, informed the court that all defendants had been duly served and expressed readiness to proceed with the case.

After hearing from both counsels, Justice Mohammed granted the request but cautioned that the matter would proceed on the next adjourned date regardless of further delays.

Enweluzo, who spoke to journalists after the court session, reiterated that President Tinubu acted outside the bounds of the Constitution and questioned the justification provided by the President for declaring a state of emergency:

He said: “The case challenges the President’s unilateral appointment of an administrator for Rivers State and the suspension of duly elected officials, including the Governor, Deputy Governor, and House of Assembly members.

“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 tjose doing businesses in Rivers State by fiat. It is a constitutional aberration and must not be allowed.

“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:”Counsel for the fifth defendant informed the court that their staff were at the Registry filing processes in response to our originating summons. They requested an adjournment to complete their filings. 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.”

But the counsel to the fifth defendant, Kehinde Ogunwumiju, SAN, declined to comment on the proceedings.



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