Suspension Drama: Court Moves To Rule On Fubara’s Case Against Tinubu’s Sanction

The Federal High Court in Port Harcourt has scheduled May 21, 2025, to commence hearing a lawsuit filed by Belema Briggs and others against President Bola Tinubu, the National Assembly, Attorney General of the Federation Lateef Fagbemi, the Sole Administrator of Rivers State, retired Vice Admiral Ibok-Ete Ibas, and the Nigerian Navy.....KINDLY READ THE FULL STORY HERE▶

The plaintiffs are seeking judicial interpretation of key provisions in the 1999 Constitution of the Federal Republic of Nigeria (as amended)—specifically Sections 1, 4, 5, 11, 180, 188, and 305. They want the court to determine whether President Tinubu had the constitutional authority to suspend an elected state executive, which is entitled to serve a full four-year term under the law.

At the heart of the suit is the state of emergency declared by Tinubu on March 18, 2025, which resulted in the suspension of Governor Siminalayi Fubara, his deputy, and the Rivers State House of Assembly. The plaintiffs argue that such actions may violate constitutional safeguards outlined in the cited sections.

In their originating summons, the plaintiffs are also asking the court to decide whether the National Assembly acted within its constitutional powers—specifically under Sections 5, 11, and 305—by supporting the President’s declaration that effectively dismantled the state’s executive leadership.

They further challenge whether President Tinubu was legally empowered to appoint retired Vice Admiral Ibok-Ete Ibas as Sole Administrator to govern Rivers State, under Sections 4, 5, and 305 of the Constitution.

The plaintiffs argue that the removal of duly elected officials and the installation of a sole administrator amounts to an unconstitutional takeover of a democratically elected government—something explicitly prohibited by Section 1 of the Constitution.

Additionally, they claim that the move violates Article 13 of the African Charter on Human and Peoples’ Rights, as incorporated under Cap A4 of Nigerian law.

Having confirmed that all parties were duly served, the presiding judge has adjourned the matter until May 21, 2025, for hearing.