The Federal High Court sitting in Port Harcourt has fixed May 21, 2025, for the commencement of hearing in a suit filed by Belema Briggs and others challenging the constitutional validity of the suspension of the elected executive arm of the Rivers State Government by President Bola Tinubu.
The suit, which also lists 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 as defendants, seeks judicial interpretation of key provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The plaintiffs are asking the court to determine whether Sections 1, 4, 5, 11, 180, 188, and 305 of the Constitution empower President Tinubu to suspend an elected executive government, which is constitutionally entitled to a four-year tenure.
They are specifically challenging President Tinubu’s declaration of a state of emergency in Rivers State on March 18, 2025, which led to the suspension of the Governor, Deputy Governor, and members of the State House of Assembly.
According to the plaintiffs, the suspension constitutes a flagrant violation of constitutional provisions and undermines democratic governance.
The originating summons also request the court to interpret whether the National Assembly has the authority, under Sections 5, 11, and 305 of the Constitution, to ratify the President’s proclamation, which effectively dissolved the state’s executive leadership.
Another key issue raised is the legality of the appointment of retired Vice Admiral Ibok-Ete Ibas as Sole Administrator to oversee Rivers State, with the plaintiffs questioning whether the President acted within the scope of his powers under Sections 4, 5, and 305 of the Constitution.
Furthermore, the plaintiffs seek a declaration that the removal of the elected state government and the appointment of a Sole Administrator constitute an unconstitutional takeover, in violation of Section 1 of the Constitution.
They also argue that the actions infringe upon Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4.
At the last sitting, the presiding judge confirmed that all parties had been duly served and adjourned the matter to May 21, 2025, for hearing.
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