Port Harcourt, Nigeria – April 8, 2025
The Federal High Court sitting in Port Harcourt has fixed May 21, 2025, to commence hearing in a high-profile constitutional suit filed by Belema Briggs and others against President Bola Ahmed Tinubu and several top government institutions and officials.
The suit challenges the legality of the President’s declaration of a state of emergency in Rivers State, which led to the suspension of the state’s elected executive arm.
The plaintiffs—citing Sections 1, 4, 5, 11, 180, 188, and 305 of the 1999 Constitution (as amended)—are seeking judicial interpretation on whether President Tinubu acted within the constitutional bounds when he suspended the Rivers State Governor, Deputy Governor, and members of the House of Assembly on March 18, 2025.
Also joined in the suit are the National Assembly, the Attorney General of the Federation Lateef Fagbemi, retired Vice Admiral Ibok-Ete Ibas who was appointed as Sole Administrator of Rivers State, and the Nigerian Navy.
According to the originating summons, the plaintiffs argue that the President's actions may amount to a “flagrant violation” of the Constitution.
They insist that the four-year tenure of an elected executive as guaranteed by law cannot be arbitrarily truncated, even under emergency provisions.
A key point of contention is whether the National Assembly has the constitutional authority under Sections 5, 11, and 305 to ratify the President’s proclamation, which effectively ousted a democratically elected state government.
The plaintiffs further question the legality of appointing a Sole Administrator—particularly a retired military officer—to govern a civilian state without elections.
They are asking the court to declare the emergency rule and subsequent suspension of the elected officials as unconstitutional and nullify the appointment of retired Vice Admiral Ibas.
After reviewing the submissions and confirming that all parties had been properly served, the presiding judge adjourned the matter to May 21 for substantive hearing.
This case is expected to spark significant legal debate and could set a far-reaching precedent for executive powers and constitutional limits in Nigeria’s democratic governance.
Tags
local