President Bola Tinubu and the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, SAN, were conspicuously absent on Thursday at the Federal High Court in Abuja, where a suit seeking to nullify the appointment of a Sole Administrator for Rivers State was scheduled for hearing.
The development follows President Tinubu’s controversial suspension of Rivers State Governor Siminalayi Fubara and other elected state officials in March and his subsequent appointment of retired naval chief Vice Admiral Ibok-Ete Ekwe Ibas as Sole Administrator — a move many have described as unconstitutional.
Despite the weight of the matter, neither the President nor the AGF was represented in court.
Meanwhile, the Attorneys-General of Lagos, Bayelsa, Taraba, and Edo States showed appearance at the proceedings.
Counsel to the plaintiff, Mr. Chimezie Enuka, informed the court that all defendants with the exception of Zamfara and Bauchi States had been duly served with the court processes and hearing notice.
Justice James Omotosho, after hearing from all parties present, adjourned the case to June 11, 2025, and ordered the issuance of fresh hearing notices to all defendants.
The suit, filed under FHC/ABJ/CS/572/2025, was instituted by Abuja-based lawyer, Mr. Johnmary Jideobi, who is challenging the legality of the president’s action and seeking a judicial declaration nullifying the appointment of Vice Admiral Ibas as Sole Administrator.
Jideobi is asking the court to declare all decisions and actions taken by the 3rd Defendant, Ibas, as unconstitutional and devoid of legal effect, stating:
“…all actions and decisions [howsoever described or made] of the 3rd Defendant [Vice Admiral 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 seeks a perpetual injunction restraining President Tinubu from suspending or interfering with the tenure of elected governors and deputy governors nationwide.
“…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].”
Another prayer urges the court to restrain the president from making similar appointments in any of the 36 states:
“…from appointing any Sole Administrator into any State Government House in the thirty (36) of the Federation for any purpose whatsoever.”
The court is being asked to interpret several sections of the 1999 Constitution, including Sections 1, 5(2), 180, 188, 189, 305, and 306, to determine whether the president holds any constitutional authority to suspend elected officials or install substitutes in the form of Sole Administrators.
Among the declarations sought is one asserting that no section of the Constitution authorizes the removal or interruption of a governor’s tenure outside of specific grounds enumerated in the aforementioned sections.
“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.”
Likewise, the appointment of Vice Admiral Ibas is being challenged:
“A declaration of this Honourable Court that the purported nomination/appointment and swearing in of Vice Admiral Ibokette Ibas (Rtd) by the 1st Defendant as the Sole Administrator of Rivers State of Nigeria is unconstitutional, null and void and of no legal effect whatsoever.”
The plaintiff seeks orders directing Ibas to vacate the Government House in Rivers State and the reversal of all presidential actions connected to the appointment.
In a 32-paragraph affidavit, Jideobi emphasized that President Tinubu lacked the authority to suspend elected officials who are not his appointees.
“As a Nigerian Lawyer and all through my years of practice, I have never seen the word ‘Sole Administrator’ in the amended 1999 constitution of the Federal Republic of Nigeria.”
All will be well