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Court adjourns suit challenging Gov. Fubara’s suspension till May 26

Chris Nweze by Chris Nweze
May 12, 2025
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The Federal High Court sitting in Port Harcourt, on Monday, adjourned to May 26, 2025, the suit filed by Farah Dagogo, challenging the suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and members of the Rivers State House of Assembly by President Bola Tinubu.

Peeved by Tinubu’s action, Dagogo filed suit No: FHC/PH/CS/50/2025 on April 9, 2025, arguing that the president’s actions were ultra vires and lacked any constitutional backing.

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At the court on Monday, counsel to the plaintiff, Cosmas Enweluzo (SAN), informed the court that all the defendants to the case had been duly served and expressed readiness to proceed with the case.

Defendants in the suit President Tinubu, Senate President Godswill Akpabio, the Senate , Speaker of the House of Representatives, Tajudeen Abbas, and Vice Admiral Ibok-Ete Ibas (rtd), the Rivers State Administrator

Only the fifth defendant, Ibas appeared through his counsel, Kehinde Ogunwumiju (SAN), who requested additional time to respond to the originating summons.

After hearing from both counsels, Justice Adamu Mohammed granted the request but cautioned that the matter will proceed on the next adjourned date regardless of further delays.

In an interview after the court session, Enweluzo reiterated that President Tinubu acted outside the bounds of the constitution.

Read Also: I’m not desperate to return as governor, says Fubara

He said: “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 state 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 Rivers people and those doing business in Rivers State by fiat.

“It is a constitutional aberration and must not be allowed.”

Enweluzo further questioned the justification provided by the president for declaring a state of emergency:

“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.”

Enweluzo praised Dagogo for taking legal action in defense of the constitution:

“We are grateful for principled leaders like 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.”

While explaining the reason for the adjournment, Enweluzo stated that counsel for the fifth defendant informed the court that their staff were at the court’s registry filing processes in response to the 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 until 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.

Counsel to the fifth defendant, Kehinde Ogunwumiju (SAN), declined to comment on the proceedings.

 

Tags: FubaraHigh CourtSuspension
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