The 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 is set to begin hearings in the Federal High Court in Port Harcourt on May 21, 2025.
The plaintiffs are requesting a judicial interpretation of Sections 1, 4, 5, 11, 180, 188, and 305 of the Federal Republic of Nigeria’s 1999 Constitution (as amended).
They are requesting that the court decide whether President Tinubu has the constitutional right to suspend Rivers State’s elected executive branch, which is granted a four-year term under these rules.
The plaintiffs contest President Tinubu’s March 18, 2025, proclamation of a state of emergency, which led to the suspension of the governor, deputy governor, and members of the Rivers State House of Assembly.
They argue that such acts can be a blatant disregard for the aforementioned fundamental obligations.
The plaintiffs also ask the court in their originating summons to interpret whether the National Assembly can validate the President’s proclamation that essentially suspended the state government’s executive branch under Sections 5, 11, and 305 of the Constitution.
Another issue raised for determination is whether President Tinubu has the legal authority, based on Sections 4, 5, and 305 of the Constitution, to appoint retired Vice Admiral Ibas as Sole Administrator to oversee the affairs of Rivers State.
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The plaintiffs are also asking the court to declare whether 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, which they argue is prohibited by Section 1 of the Constitution.
Additionally, the plaintiffs argue that the removal of the elected executive and legislative arms, and the appointment of Ibas as Sole Administrator, violates Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4.
The presiding judge, after confirming that all necessary parties had been duly served, adjourned the matter to May 21, 2025, for a hearing.
