Following the new order in Rivers State, Abuja-based lawyer Johnmary Jideobi has filed a lawsuit at the Federal High Court in Abuja, contesting President Bola Tinubu’s recent appointment of Vice Admiral Ibok-Ette Ibas (Rtd) as the Sole Administrator of Rivers State. The lawsuit, questions the legality and constitutionality of the President’s decision to suspend the elected Governor and Deputy Governor of the state and replace them with an appointed administrator.
On March 18, 2025, President Tinubu declared a state of emergency in Rivers State, citing escalating political tensions and security concerns, including incidents of pipeline vandalism. This declaration led to the suspension of Governor Siminalayi Fubara, his deputy, and the state lawmakers for an initial period of six months. The appointment and swearing-in of Vice Admiral Ibok-Ette Ibas (Rtd), a former Chief of Naval Staff, as the Sole Administrator followed swiftly, triggering outrage among legal experts, opposition parties, and civil society organizations.
Read also: State of Emergency: “Reverse Fubara’s suspension, this is abuse of power- CNPP Urges Tinubu
Lawsuit Against Tinubu
Represented by a team of lawyers led by Chimezie Enuka, Jideobi’s suit seeks several declarations and orders from the court. The primary argument is that the President lacks the constitutional authority to remove or suspend a duly elected Governor and Deputy Governor of a state and appoint a Sole Administrator in their place. The lawyer is also asking the court to nullify all actions and decisions made by Vice Admiral Ibas in his capacity as Sole Administrator, deeming them unconstitutional and void. Furthermore, the suit demands the immediate reinstatement of Governor Fubara, his deputy, and the state lawmakers to their respective positions, arguing that their removal violates the democratic principles enshrined in the Nigerian Constitution.
The lawsuit also seeks a perpetual injunction restraining the President from appointing any Sole Administrator into any State Government House in Nigeria. The legal challenge emphasizes specific sections of the Nigerian Constitution, particularly Section 305, which pertains to the President’s power to declare a state of emergency but does not provide for the suspension of elected state officials. Additionally, Sections 180, 188, 189, and 306 outline the circumstances under which a Governor or Deputy Governor can be removed from office, none of which include suspension by the President. The plaintiff asserts that the President’s actions exceed the constitutional provisions and undermine the principles of federalism and separation of powers enshrined in the Constitution.
This lawsuit raises critical questions about the balance of power between federal and state governments in Nigeria. It underscores the importance of adhering to constitutional provisions in governance and the potential consequences of executive overreach. Legal experts and political analysts are closely monitoring the case, as its outcome could set a significant precedent for the interpretation of executive powers in the country.
As of now, the Federal High Court has not scheduled a date for the hearing of this case. The President’s declaration of a state of emergency and the subsequent appointment of a Sole Administrator have elicited mixed reactions from various stakeholders. The Nigerian Bar Association (NBA) has criticized the suspension of elected officials as unconstitutional, stating that a state of emergency does not warrant the removal or suspension of elected state governments. Several civil society organizations have also expressed concerns about the potential erosion of democratic principles and have called for adherence to constitutional processes. Opposition parties have labeled the President’s actions as an overreach of executive power, while some members of the ruling party have defended the move as necessary to maintain law and order in Rivers State.
Vice Admiral Ibok-Ette Ibas (Rtd) served as Nigeria’s Chief of Naval Staff from July 2015 to January 2021. Born on September 27, 1960, in Cross River State, he has had a distinguished military career, holding various command positions within the Nigerian Navy. His appointment as the Sole Administrator of Rivers State marks his first foray into civil governance. Critics argue that his military background does not equip him to handle the complexities of governing a state, particularly under contentious and legally questionable circumstances.
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