PRESIDENT TINUBU,ATTORNEY GENERAL OF THE FEDERATION, VICE ADMIRAL IBOK ETE IBAS SUED OVER SOLE ADMINISTRATOR’S APPOINTMENT
By Emeka Amaefula
The President of Federal Republic of Nigeria, Bola Ahmed Tinubu, Attorney General of the Federation, Lateef Fagbeyi, Vice Admiral Ibok Ete Ibas rtd and Attorneys General of the 36 states in Nigeria are now defendants in a matter brought before a Fedeeal High Court in Federal Capital Territory,FCT Abuja over the appointment of Sole Administrator of Rivers state and the suspension of an electrd execuyive Governor and 31 lawmakers of Rivrts state,House of Assembly. The suit no.FHC/ABJ/CS/572/2025 filed on Tuesday 25th of March,2025 came up as Originating Summon with an Abuja based legal Practitioner, Mr. Johnmaty Jideobi and a consortium of legal practitioners led by Mr. Chimeze Enuka all as plantiffs. Listed as defendants are President Federal Republic of Nigeria Bola Ahmed Tinubu as 1st defendant, SGF Lateef Fagbeyi as 2nd defendant while Vice Admiral Ibok Ete Ibas rtd Sole Administrator of Rivers state is 3rd defendant whereas the Attorneys General of the 36 States in the Federation are also among the defendants from 4th to 39th in the Originating Summons Court papers.
The Federal High Court sitting in Abuja has been asked to sack the recently appointed Sole Administrator of Rivers State, Vice Admiral Ibokette Ibas, rtd.
The plantiffs in the case are praying the court to set-aside as void, “all actions and decisions [howsoever described or made] of the 3rd Defendant [Vice Admiral Ibokette Ibas (Rtd)] in the name of Sole Administrator of Rivers State, same being unconstitutional, null and of no constitutional force throughout the Federal Republic of Nigeria for all purposes.”
The plaintiff further prayed the court to issue a perpetual order of injunction, restraining the 1st defendant (Tinubu, either by himself, his officers, agents, privies, servants or any other person acting under his command howsoever named, “from either removing, suspending or otherwise tampering with the tenure of the Governor and Deputy-Governor of Rivers State [and indeed any other State in Nigeria].”
As well as an order of perpetual injunction, barring President Tinubu, “either by himself, his officers, agents, privies, servants or any other person acting under his command howsoever named, from appointing any Sole Administrator into any State Government House in the thirty (36) of the Federation for any purpose whatsoever.”
In the Originating Summons filed through a consortium of lawyers, the plaintiff prayed the court to determine: “Whether in view of the combined provisions of the entirety of Sections 1, 5(2), 180, 188, 189, 305 and 306 of the 1999 Constitution of the Federal Republic of Nigeria as amended and their conflated interpretation, the President of the Federal Republic of Nigeria [1st Defendant herein] has any constitutional authority [whatsoever] to either remove, suspend or otherwise tamper with the tenure of the duly elected Governor and Deputy Governor of Rivers State [and indeed of any other State in Nigeria] and appoint a sole Administrator [or any other substitute howsoever called or described] such as the 3rd Defendant for that State?”
Upon the determination of the question, he prayed the court to declare that upon an intimate reading and complete understanding of the entirety of section 305 of the 1999 Constitution, as amended, there is NO other circumstance contemplated by the Constitution for the removal OR interruption of the tenure of an elected Governor and Deputy Governor of a State EXCEPT the circumstances contemplated under Sections 180, 188, 189 and 306 of the 1999 Constitution of the Federal Republic of Nigeria as amended.
“A declaration of this Honorable Court that in view of the entirety of Sections 1, 5(2), 180, 188, 189, 305 and 306 of the 1999 Constitution of the Federal Republic of Nigeria as amended the President of the Federal Republic of Nigeria has NO constitutional authority to either remove, suspend or otherwise tamper with the tenure of a duly elected Governor and Deputy Governor of a State and appoint a sole Administrator [or any other substitute howsoever called or described] such as the 3rd Defendant herein for that State.
“A declaration of this Honourable Court that the purported suspension of the Governor and the Deputy-Governor of Rivers State of Nigeria by the 1st Defendant on Tuesday the 18th day of March, 2025 is unconstitutional, null and void and of no legal effect whatsoever.
The outcome of this litigation will bting a watershed in the political landscape in Nigeria being the alleged unconstitutional suspension of duly elected officers of the state Government in the executive arm and in the Legislative arm of Government of a state in Nigeria.
—-Emeka Amaefula—+234(0)8111813069———
