The Federal High Court sitting in Port Harcourt has set May 21, 2025, as the date to commence hearing on a suit filed by Belema Briggs and others against 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.
The plaintiffs are seeking a judicial interpretation of key sections of the 1999 Constitution of the Federal Republic of Nigeria (as amended), including Sections 1, 4, 5, 11, 180, 188, and 305.
They are asking the court to determine whether President Tinubu has the constitutional authority to suspend an elected executive arm of government in Rivers State, which is constitutionally entitled to a four-year tenure.
The suit challenges the state of emergency declared by President Tinubu on March 18, 2025, which led to the suspension of the Governor, Deputy Governor, and members of the Rivers State House of Assembly.
The plaintiffs argue that these actions may constitute a violation of constitutional provisions and are seeking clarification on whether the National Assembly has the authority under Sections 5, 11, and 305 to ratify the President’s proclamation.
Another central issue raised is whether President Tinubu had the legal basis, under Sections 4, 5, and 305, to appoint retired Vice Admiral Ibas as Sole Administrator to manage the state’s affairs.
The plaintiffs are also asking the court to declare that the suspension of the elected executive arm and the subsequent appointment of a Sole Administrator amount to an unconstitutional takeover of a democratically elected government, in violation of Section 1 of the Constitution.
In addition, they contend that the removal of the elected executive and legislative arms, and the appointment of Ibas as Sole Administrator, breaches Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4.
The presiding judge confirmed that all necessary parties had been properly served and adjourned the matter to May 21, 2025, for hearing.