The ongoing crisis in Rivers State has reached a critical legal juncture as residents grapple with Tinubu recent suspension of their elected officials and Governor Fubara. The Federal High Court sitting in Port Harcourt has set a date of May 21, 2025, to begin hearings on a significant suit brought forth by Belema Briggs and others against notable defendants, including 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.
At the heart of the legal conflict is the plaintiffs’ challenge to President Tinubu declaration of a state of emergency in Rivers State on March 18, 2025, which resulted in the suspension of the Governor, the Deputy Governor, and members of the Rivers State House of Assembly. The plaintiffs argue that this action not only disrupts the constitutional guarantees of a four-year tenure for elected officials but also raises concerns over the potential violation of several key sections of the 1999 Constitution of the Federal Republic of Nigeria (as amended), specifically Sections 1, 4, 5, 11, 180, 188, and 305.
The plaintiffs seek the court’s interpretation on whether President Tinubu possesses the constitutional authority to suspend an elected executive arm of government under these constitutional provisions. They further contend that the National Assembly, under Sections 5, 11, and 305, may not have the power to ratify the President’s proclamation, which effectively undermines the executive arm of the state government.
Another significant point of contention revolves around the appointment of retired Vice Admiral Ibok-Ete Ibas as Sole Administrator for Rivers State. The plaintiffs question whether this appointment, along with the suspension of democratically elected officials, constitutes an unconstitutional takeover of power, as outlined in Section 1 of the Constitution.
Additionally, the plaintiffs highlight potential violations of Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4, arguing that the removal of elected officials contradicts democratic principles and threatens human rights.
After confirming that all necessary parties were duly served, the presiding judge has adjourned the matter to May 21, 2025, for further proceedings. This case underscores the ongoing tensions in Rivers State and raises vital questions about governance, the rule of law, and the protection of democratic institutions in Nigeria.