The federal high court in Port Harcourt, Rivers, has
adjourned the suit challenging the declaration of emergency rule in the state,
to May 26.
The suit, filed by Farah Dagogo, a former member of the
house of representatives, challenged the legality of the suspension of
Siminalayi Fubara, governor of Rivers, and the state house of assembly.
The defendants in the suit are President Bola Tinubu, the
senate president, the senate, the speaker of the house of representatives, and
Ibok-Ete Ibas, the sole administrator of Rivers.
In April, Adamu Mohammed, the judge, ordered that the court
processes should be pasted on the wall of defendants’ last known addresses
through courier services.
At the resumption of the hearing on Monday, out of the five
defendants in the suit, only Ibas was represented by his counsel.
Kehinde Ogunwumiju, a senior advocate of Nigeria (SAN),
represented the Rivers sole administrator.
Cosmas Enweluzo, counsel to the former federal lawmaker,
informed the court that all defendants have been served with the court
processes.
Ogunwumiju requested additional time to respond to the
originating summons.
After listening to the arguments, the judge cautioned
against delays, adding that the case would proceed on the next adjourned date.
The judge adjourned the case to May 26.
Speaking to journalists after the hearing, Enweluzo said the
president does not have the constitutional powers to suspend an elected
governor.
“The president cannot act as a ‘tin god’. He does not have
the constitutional authority to suspend elected representatives or govern over
four million Rivers people and those doing business in Rivers state by fiat. It
is a constitutional aberration and must not be allowed,” the counsel said.
“The insecurity narrative is unfounded. In Benue, Plateau,
and Borno states, serious security challenges persist, people are being killed,
and some local governments remain under Boko Haram control.
“Yet no state of emergency was declared there. Rivers State
has remained relatively peaceful.
“Counsel for the fifth defendant informed the court that
their staff were at the registry filing processes in response to our
originating summons. They requested an adjournment to complete their filings.
“In fairness, and since it was their first request, we
agreed. The court, therefore, adjourned to May 26, 2025. If delays persist
beyond that, the court will be entitled to proceed with the case.”
On March 18, President Tinubu declared emergency rule in the
oil-rich state, citing a protracted political crisis.
He also suspended Fubara, his deputy, Ngozi Odu, and all
members of the Rivers house of assembly for an initial period of six months.
The president appointed Ibas, a retired naval chief, as the
state’s sole administrator.
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