In a significant legal development that could redefine the balance of power between the federal and state governments, the Federal High Court in Port Harcourt has scheduled May 21, 2025, to begin hearing a high-profile constitutional case against President Bola Ahmed Tinubu and key federal institutions.
The lawsuit, instituted by Belema Briggs and a group of concerned citizens, lists as defendants President Tinubu, the National Assembly, Attorney General of the Federation Lateef Fagbemi (SAN), retired Vice Admiral Ibok-Ete Ibas (appointed Sole Administrator of Rivers State), and the Nigerian Navy.
Central to the plaintiffs’ case is a request for the court to interpret several provisions of the 1999 Constitution (as amended), particularly Sections 1, 4, 5, 11, 180, 188, and 305. The plaintiffs argue that these sections do not grant the President the authority to suspend a duly elected state government, which, under the Constitution, is entitled to a four-year tenure.
The suit stems from President Tinubu’s March 18, 2025 declaration of a state of emergency in Rivers State, which led to the suspension of the Governor, Deputy Governor, and members of the State House of Assembly. The plaintiffs contend that this decision constitutes a direct violation of Nigeria’s constitutional order.
Additionally, the plaintiffs challenge the role of the National Assembly in ratifying the emergency declaration and are questioning whether such ratification can override the constitutional autonomy granted to states under Sections 5, 11, and 305.
Another central issue raised in the suit is the legality of the appointment of retired Vice Admiral Ibok-Ete Ibas as Sole Administrator of Rivers State. The plaintiffs assert that this appointment lacks constitutional backing and may represent an unlawful federal takeover of state governance.
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Furthermore, the suit references Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4, arguing that the removal of elected state officials and installation of an unelected administrator infringes on fundamental political rights.
Following confirmation that all parties named in the suit had been properly served, the presiding judge formally adjourned the case for substantive hearing on May 21, 2025—a date many legal observers believe may mark a pivotal moment in Nigeria’s constitutional jurisprudence.
