Constitutional Suit Against Fubara’s Suspension: Court Sets May 21 For Hearing

The Federal High Court in Port Harcourt has fixed May 21, 2025, as the official hearing date for a constitutional case filed by Belema Briggs and other concerned citizens. The lawsuit challenges the suspension of Rivers State Governor Siminalayi Fubara, his deputy, and the state House of Assembly, following the declaration of a state of emergency by President Bola Tinubu.

The suit, which names President Tinubu, the National Assembly, Attorney General of the Federation Lateef Fagbemi, Retired Vice Admiral Ibok-Ete Ibas, and the Nigerian Navy as defendants, raises major constitutional questions under the 1999 Constitution of Nigeria (as amended).

Key Constitutional Questions Raised

The plaintiffs are requesting the court’s interpretation of Sections 1, 4, 5, 11, 180, 188, and 305 of the Constitution to determine:

Whether President Tinubu has constitutional powers to suspend an elected executive government, which by law is guaranteed a four-year term.
If the declaration of a state of emergency on March 18, 2025, and the resulting suspension of elected officials, violates the Nigerian Constitution.
Whether the National Assembly can lawfully ratify the President’s proclamation under the constitutional framework.
Whether the appointment of a Sole Administrator, namely retired Vice Admiral Ibas, is legally justified under the Constitution.
If the suspension and appointment represent a violation of democratic principles, as protected under Section 1 of the Nigerian Constitution.

Human Rights Implications

The plaintiffs further argue that the suspension of elected officials and the installation of a Sole Administrator contradicts Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4. This article guarantees the right of citizens to participate in the government of their country.

To learn more about the African Charter on Human and Peoples’ Rights, visit the African Union official site.

What Happens Next?

The presiding judge confirmed that all relevant parties have been duly served with court documents, and adjourned the matter to May 21, 2025, for hearing. This date marks a potentially historic judicial moment that could redefine federal and state relations in Nigeria.

Final Thoughts

This court case is a major constitutional test for Nigeria’s democracy. At stake is the balance between federal authority and state autonomy, and whether democratic institutions can be lawfully suspended during times of crisis.

Stay tuned to LMSINT MEDIA for ongoing coverage of this case and other major political developments in Nigeria.