Rivers Crisis: Tinubu’s Suspension of Fubara and Legislature Unconstitutional – Ex-Lawmaker Dagogo

Legal representatives of Farah Dagogo, a former National Assembly member and 2023 governorship aspirant in Rivers State, have reaffirmed their stance that President Bola Ahmed Tinubu’s suspension of the legitimately elected executive and legislative arms of the Rivers State Government is unconstitutional.

At the resumed proceedings, counsels for the first and fifth defendants, Prof. Kanyinsola Ajayi, SAN, and Abduljabar Aliyu, were present in court, while the third and fourth defendants did not appear.

Following a request by the counsels for an extension of time to properly respond to the plaintiff’s filings, the presiding judge, Justice James Omotosho, adjourned the case to July 9, 2025.

The claim was reiterated on Thursday during the resumed hearing of Suit No. FHC/PH/CS/50/2025 at the Federal High Court in Abuja.

Originally filed at the Port Harcourt Division, the case was reassigned to the Abuja Division after the Attorney-General of the Federation directed the Chief Judge of the Federal High Court to effect the transfer.

Speaking to journalists outside the courtroom, Babafemi Adegbite, a member of Dr. Dagogo’s legal team, outlined the crux of the plaintiff’s argument.

Dr. Farah Dagogo is challenging the constitutionality of the President’s actions in Rivers State,” Adegbite stated. “Specifically, we are contesting the imposition of an administrator over a state that already has a democratically elected government. The President lacks the constitutional authority to unilaterally suspend an elected administration and replace it with an appointed official.”

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“The case filed by Dr. Farah Dagogo challenges the unconstitutional imposition of a Sole Administrator in Rivers State, which violates the provisions of the constitution — that is the core of our grievance,” Adegbite explained. “The crux of our case is that the President does not have the constitutional authority to take such action in Rivers State.

”This legal challenge comes in the wake of President Tinubu’s declaration of a state of emergency in Rivers State on March 18, 2025, citing security concerns as the basis for his decision.

The declaration was swiftly followed by the suspension of the elected government of Rivers State and the appointment of retired Vice Admiral Ibok-Ete Ibas as the state’s administrator.

In response, Dr. Farah Dagogo filed a legal action on April 9, 2025, challenging the move. He named the following as defendants: the President of the Federal Republic of Nigeria, the President of the Senate, the Senate itself, the Speaker of the House of Representatives, and the appointed Administrator of Rivers State.

The case was initially scheduled to be heard by Justice Turaki Mohammed at the Federal High Court in Port Harcourt on May 26, 2025.

However, before the scheduled hearing date, the Attorney-General of the Federation submitted a request for the case to be moved, which was approved by the Chief Judge of the Federal High Court, resulting in the transfer of the matter to the Abuja Division.

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