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.
Sections 1, 4, 5, 11, 180, 188, and 305 of the Federal Republic of Nigeria’s 1999 Constitution (as amended) are the exact provisions that the plaintiffs are requesting a judicial interpretation of.
They want the court to decide whether President Tinubu can suspend Rivers State’s elected executive branch, which is granted a four-year term under the constitution, in light of these provisions.
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 constitutional 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 in accordance with Sections 5, 11, and 305 of the Constitution.
The question of whether President Tinubu is legally permitted to name retired Vice Admiral Ibas as Sole Administrator to manage Rivers State’s business in accordance with Sections 4, 5, and 305 of the Constitution is another one that has been brought up for debate.
Additionally, arguing that Section 1 of the Constitution forbids such a takeover of a democratically elected government, the plaintiffs are asking the court to rule on whether the suspension of the elected executive arm and the subsequent appointment of a Sole Administrator constitute an unconstitutional takeover.
Furthermore, the plaintiffs contend that Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4, is violated by the removal of the elected legislative and executive branches and the designation of Ibas as sole administrator.
Following confirmation that all required parties had been properly served, the sitting court postponed the hearing to May 21, 2025.
