Court Sets Date For Hearing On Rivers State Suspension Case

The Federal High Court in Port Harcourt will begin hearings on May 21, 2025, on a lawsuit challenging the suspension of Rivers State officials.

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

The plaintiffs are seeking a judicial interpretation of several sections of the 1999 Constitution of Nigeria, including Sections 1, 4, 5, 11, 180, 188, and 305. They are requesting a ruling on whether President Tinubu has the constitutional power to suspend an elected executive branch in Rivers State, which is guaranteed a four-year term by the Constitution.

The lawsuit challenges the state of emergency declared by President Tinubu on March 18, 2025, which led to the suspension of Governor Siminalayi Fubara, his Deputy, and members of the Rivers State House of Assembly. The plaintiffs argue that these actions may violate the Constitution.

Additionally, the plaintiffs are asking the court to clarify if the National Assembly has the authority under Sections 5, 11, and 305 of the Constitution to endorse the President’s declaration, which effectively suspended the state government’s executive branch. They are also questioning whether President Tinubu has the legal right, according to Sections 4, 5, and 305, to appoint retired Vice Admiral Ibas as Sole Administrator to oversee the affairs of Rivers State.

The plaintiffs are also requesting a court ruling on whether the suspension of the elected executive and legislative branches, followed by the appointment of Ibas as Sole Administrator, constitutes an unconstitutional seizure of a democratically elected government, which they claim is prohibited by Section 1 of the Constitution. They also argue that these actions violate Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4.

The judge, after confirming that all parties had been properly notified, postponed the hearing to May 21, 2025.
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