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By Lizzy Chirkpi
The legality of the emergency rule imposed on Rivers State by President Bola Ahmed Tinubu is now facing a judicial test, as former House of Representatives member and 2023 gubernatorial aspirant, Dr. Farah Dagogo, has dragged the Federal Government to court.
Dr. Dagogo maintains that the President’s actions, which led to the suspension of the state’s executive and legislative arms and the appointment of an administrator, are unconstitutional.
The legal challenge was the focus of a resumed hearing on Thursday at the Federal High Court, Abuja, for Suit No. FHC/PH/CS/50/2025.
The case, initially filed in Port Harcourt, was subsequently reassigned to Abuja following a directive from the Attorney-General of the Federation to the Chief Judge of the Federal High Court.
The defendants in the suit include President Bola Ahmed Tinubu as first defendant, second defendant is Senate President, Godswill Akpabio. The third, Senate of the Federal Republic of Nigeria.
The Speaker of the House of Representatives and Hon. Tajudeen Abbas is the fourth defendant and the fifth defendant is Vice Admiral Ibok-Ete Ibas (Rtd), Rivers State Sole Administrator.
During the proceedings, counsels representing the first and fifth defendants, Prof. Kanyinsola Ajayi, SAN, and Abduljabar Aliyu, were present. However, the third and fourth defendants did not make an appearance. After considering requests for an extension of time from the attending counsels to adequately respond to the plaintiff’s filings, the presiding Judge, Justice James Omotosho, adjourned the matter to July 9, 2025.
Speaking with journalists outside the courtroom, Barrister Babafemi Adegbite, a member of Dr. Dagogo’s legal team articulated their 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,” Adegbite stated.
He continued, “The President does not possess constitutional authority to unilaterally suspend a democratically elected government and replace it with an appointed administrator.”
Adegbite further clarified, “The case filed by Dr. Farah Dagogo is against the unconstitutional imposition of a 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.”
This legal action comes on the heels of President Tinubu’s declaration of a state of emergency in Rivers State on March 18, 2025, citing security concerns. The declaration led to the suspension of the state’s elected government and the appointment of retired Vice Admiral Ibok-Ete Ibas as administrator.
Dr. Dagogo initiated the lawsuit on April 9, 2025, naming 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 as defendants. The case was originally scheduled for hearing before Justice Turaki Mohammed in Port Harcourt on May 26, 2025, before its transfer to the Abuja Division.