The Federal High Court sitting in Port Harcourt has scheduled May 21, 2025, to commence hearing on a suit 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 the 1999 Constitution of the Federal Republic of Nigeria (as amended), specifically Sections 1, 4, 5, 11, 180, 188, and 305.
They are asking the court to determine whether, under these provisions, President Tinubu has the constitutional authority to suspend an elected executive arm of government in Rivers State, which is constitutionally guaranteed a four-year tenure.
The plaintiffs are challenging the declaration of a state of emergency by President Tinubu on March 18, 2025, which resulted in the suspension of the Governor, Deputy Governor, and members of the Rivers State House of Assembly.
They contend that such actions may constitute a flagrant violation of the constitutional provisions listed above.
In their originating summons, the plaintiffs also seek the court’s interpretation of whether the National Assembly has the power, under Sections 5, 11, and 305 of the Constitution, to ratify the President’s proclamation that effectively suspended the executive arm of the state government.
Another issue raised for determination is whether President Tinubu has the legal authority, based on Sections 4, 5, and 305 of the Constitution, to appoint retired Vice Admiral Ibas as Sole Administrator to oversee the affairs of Rivers State.
The plaintiffs are also asking the court to declare whether the suspension of the elected executive arm and the subsequent appointment of a Sole Administrator amount to an unconstitutional takeover of a democratically elected government, which they argue is prohibited by Section 1 of the Constitution.
Additionally, the plaintiffs argue that the removal of the elected executive and legislative arms, and the appointment of Ibas as Sole Administrator, violates Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4.
The presiding judge, after confirming that all necessary parties had been duly served, adjourned the matter to May 21, 2025, for hearing.
