A Federal High Court sitting in Port Harcourt has adjourned to May 26 a suit challenging the suspension of the Rivers State Governor, Siminalayi Fubara, by President Bola Tinubu.

The suit was filed by a former federal lawmaker and People’s Democratic Party Rivers State governorship aspirant in the 2023 general election, Dr Farah Dagogo.

It is also challenging the president’s decision to suspend the deputy governor, Prof. Ngozi Odu, and all members of the State House of Assembly.

President Tinubu had on March 18 declared a state of emergency in Rivers State, citing security concerns. He further announced the suspension of the state’s elected leadership and announced Vice Admiral Ibok-Ete Ibas (Rtd) as the administrator of the state.

In the suit marked FHC/PH/CS/50/2025, filed on April 9, Dagogo argued that the president’s actions were ultra vires and lacked any constitutional backing.

President Tinubu, Senate President Senator Godswill Akpabio, the Senate of the Federal Republic of Nigeria, Speaker of the House of Representatives Hon. Tajudeen Abbas and Vice Admiral Ibok-Ete Ibas (Rtd), Rivers State Administrator, were marked as 1st to 5th respondents.

At Monday’s proceedings, counsel to the plaintiff, Cosmas Enweluzo, a Senior Advocate of Nigeria, informed the court that all defendants had been duly served and expressed readiness to proceed with the case.

However, only the fifth defendant, Vice Admiral Ibas (Rtd), appeared through his counsel, Kehinde Ogunwumiju.

Ogunwumiju requested an adjournment to respond to the originating summons.

After listening to both counsels, the presiding judge, Justice Adamu Mohammed, granted the request but cautioned that the matter would proceed on the next adjourned date regardless of further delays.

Speaking to journalists after the court sitting, Enweluzo reiterated that President Tinubu acted outside the Constitution.

He stated, “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 citizens by fiat. It is a constitutional aberration and must not be allowed.”

Enweluzo questioned the justification provided by the president for declaring a state of emergency, citing serious cases of insecurity in some parts of the North without any such action taken.

“The insecurity narrative is unfounded. In Benue, Plateau, and Borno States, serious security challenges persist, people are being killed, and some local governments remain under Boko Haram control.

“Yet no state of emergency was declared there. Rivers State has remained relatively peaceful,” he explained.

The Senior Advocate of Nigeria commended Dr Dagogo for taking legal action in defence of the Constitution.

Enweluzo noted, “We are grateful for principled leaders like Dr Farah Dagogo who are willing to defend the Nigerian Constitution. Citizens have a right to be governed by officials they have elected and represented by legislators of their constituencies in Degema, Bonny, and others.”

Explaining the reason for the adjournment, Enweluzo said, “Counsel for the fifth defendant informed the court that their staff were at the Registry filing processes in response to our originating summons.

“They requested an adjournment to complete their filings. In fairness, and since it was their first request, we agreed. The court, therefore, adjourned to May 26, 2025. If delays persist beyond that, the court will be entitled to proceed with the case.”

He added that while all other defendants have been duly served, none have filed a memorandum of appearance, conditional appearance, or any legal response to the suit.