The Federal High Court in Port Harcourt has postponed a legal case that questions the validity of the suspension of Rivers State Governor Siminalayi Fubara, Deputy Governor Professor Ngozi Odu, and lawmakers of the Rivers State House of Assembly by President Bola Ahmed Tinubu.

The case has been rescheduled for hearing on May 26, 2025.

The suit, filed by former federal lawmaker and 2023 Rivers State governorship aspirant, Dr. Farah Dagogo, contests the legality of President Tinubu’s decision to suspend democratically elected state officials and appoint Vice Admiral Ibok-Ete Ibas (Rtd) as Administrator of Rivers State. The President cited rising insecurity in the state as the basis for declaring a state of emergency on March 18, 2025.

Dagogo, in Suit No: FHC/PH/CS/50/2025 filed on April 9, argues that the President’s actions are unconstitutional and beyond the powers granted to him under the Nigerian Constitution.

During Monday’s proceedings, counsel to the plaintiff, Cosmas Enweluzo, SAN, informed the court that all five defendants had been properly served. The defendants include President Bola Tinubu, Senate President Godswill Akpabio, the Nigerian Senate, Speaker of the House of Representatives Hon. Tajudeen Abbas, and Vice Admiral Ibas.

Of all the defendants, only Vice Admiral Ibas appeared through his legal representative, Kehinde Ogunwumiju, SAN, who requested more time to respond to the originating summons. Justice Adamu Turaki Mohammed granted the extension but cautioned that the court would proceed with the matter on the next adjourned date, regardless of further delays.

Speaking after the hearing, Enweluzo reiterated that the case revolves around constitutional violations by the President. “The President cannot act as a ‘Tin god.’ He lacks the authority to suspend duly elected officials or assume control over the governance of more than four million citizens in Rivers State. This action is a constitutional aberration and cannot stand,” he said.

He also dismissed the justification of insecurity, noting that other states with more severe security issues—such as Benue, Plateau, and Borno—have not been placed under emergency rule. “Rivers State remains relatively peaceful,” Enweluzo stated.

Commending Dr. Dagogo for initiating the legal challenge, he emphasized that Nigerians have the right to be governed by their elected representatives, not by presidential fiat.

Explaining the adjournment, Enweluzo noted that the fifth defendant’s counsel requested extra time to respond to the suit. “As it was their first application for an extension, we did not object,” he said.

He further noted that, despite being served, none of the other defendants had filed a memorandum of appearance or any legal response to the suit.