Former House of Representatives member, Dr. Farah Dagogo, has maintained that President Bola Ahmed Tinubu breached the extant provision of the law on the suspension of Governor Siminalaye Fubara of Rivers State.
Dagogo questioned the legality of the Emergency Rule in an Abuja High Court and also faulted the suspension of the state House of Assembly members due to the declaration of emergency rule in Rivers State.
The Rivers State-born politician asserted on Thursday during the resumed hearing of Suit No. FHC/PH/CS/50/2025 at the Federal High Court, Abuja.
The suit, originally filed in the Port Harcourt Division of the Federal High Court, had been reassigned to the Abuja Division following a directive from the Attorney-General of the Federation to the Chief Judge of the Federal High Court.
At the resumed proceedings, Counsels to the first and fifth defendants, Prof. Kanyinsola Ajayi, SAN, and Abduljabar Aliyu respectively were in attendance while the third and fourth defendants failed to make appearances.
After listening to the request for extension of time by counsels to the first and fifth defendants to enable them to respond adequately to the plaintiff’s filings, the presiding Judge, Justice James Omotosho, adjourned the matter to 9th July 2025.
Dagogo who spoke through his counsel, Babafemi Adegbite, clarified the core of the plaintiff’s contention.
” Dr. Farah Dagogo is challenging the constitutionality of the President’s actions in Rivers State. Specifically, we are contesting the imposition of an administrator in a state governed by an elected administration. The President does not possess constitutional authority to unilaterally suspend a democratically elected government and replace it with an appointed administrator.
” The case filed by Dr. Farah Dagogo is against the unconstitutional imposition of Sole Administrator in Rivers State in breach of the constitution, that is what we are complaining against. The gravamen of our case is the fact that the President does not have the constitutional power to do what he did in Rivers State, ” Adegbite explained.
The matter is coming on the heels of the declaration of a state of emergency in Rivers State on 18 March 2025 by President Tinubu, citing security concerns. The declaration was followed by the suspension of the state’s elected government and the appointment of retired Vice Admiral Ibok-Ete Ibas as administrator.
In response, Dr. Dagogo instituted legal action on 9th April 2025, naming as defendants: the President of the Federal Republic of Nigeria, the President of the Senate, the Senate, the Speaker of the House of Representatives, and the appointed Administrator of Rivers State.
The case was initially slated for hearing before Justice Turaki Mohammed in Port Harcourt on 26 May 2025. However, before the scheduled date, the Attorney-General of the Federation requested, and the Chief Judge of the Federal High Court approved, the transfer of the matter to the Abuja Division.
