Emergency Rule: Court Fixes May 26 to Hear Suit Against Tinubu, Akpabio, Others

Blessing Ibunge in Port Harcourt

A Federal High Court sitting in Port Harcourt, has fixed May 26, 2025, to hear a constitutional suit filed against President Bola Tinubu, Senate President Godswill Akpabio, Speaker of the House of Representatives, Hon. Tajudeen Abbas and Vice Admiral Ibok-Ete Ibas (rtd), over the declaration of a State of Emergency in Rivers State.

A former federal lawmaker and 2023 Rivers State governorship aspirant, Dr. Farah Dagogo, had filed the suit challenging the suspension of Governor Siminalayi Fubara, his deputy, Prof Ngozi Odu, and members the State House of Assembly by President Tinubu.

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

Believing that the action was unconstitutional, Dagogo filed the case which was registered in Suit No: FHC/PH/CS/50/2025 on April 9, 2025.

He argued that the President’s actions were ultra vires and lacked any constitutional backing.

At the hearing of the matter. yesterday, counsel to the plaintiff (Dagogo), Cosmas Enweluzo, SAN, informed the court that all defendants had been duly served and expressed readiness to proceed with the case.

However, at the mentioned of the matter, counsel for the fifth defendant (Vice Admiral Ibas), Kehinde Ogunwumiju, SAN, appealed for more time to respond to the originating summons. It was also observed that no counsel represented the other defendants in the matter.

The trial Judge, Justice Adamu Mohammed after hearing submissions by the counsels granted the request for more time.

Justice Mohammed also cautioned that the matter would proceed on the next adjourned date of May 26, regardless of further delays.

Speaking with journalists after the court session, the applicant lawyer, Enweluzo reiterated that President Tinubu acted outside the bounds of the Constitution.

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

Counsel to the fifth defendant, Ogunwumiju, SAN, declined to comment on the proceedings.