Court fixes May 21 to hear lawsuit on the suspension of democratic structures in Rivers
By Jeph Ajobaju, Chief Copy Editor
A Federal High Court has fixed May 21 to begin hearing in the lawsuit filed against the suspension of Governor Simi Fubara and other democratic structures in Rivers by President Bola Tinubu in his declaration of emergency rule in the oil-rich state on March 18.
The suit was filed at the Federal High Court in Port Harcourt by Belema Briggs and others against Tinubu, the National Assembly (NASS), federal Attorney General Lateef Fagbemi, Rivers Sole Administrator Admiral Ibok-Ete Ibas (retired Vice Admiral), and the Nigerian Navy.
The plaintiffs, among other reliefs,
- Are seeking a judicial interpretation of the Constitution, specifically Sections 1, 4, 5, 11, 180, 188, and 305.
- Asked the court to determine whether, under these provisions, Tinubu has the constitutional authority to suspend an elected executive arm of government in Rivers, which is constitutionally guaranteed a four-year tenure.
- Challenged the declaration of a state of emergency by Tinubu on March 18 which resulted in the suspension of Fubara, his Deputy, and members of Rivers Assembly.
- Argued that such actions constitute a flagrant violation of the constitutional provisions listed above.
In their originating summons, the plaintiffs also asked the court to
- Interpret the Constitution as whether the NASS has the power, under Sections 5, 11, and 305, to ratify Tinubu’s proclamation that effectively suspended the executive arm of the state government.
- Determine whether Tinubu has the legal authority, based on Sections 4, 5, and 305 of the Constitution, to appoint Ibas as Sole Administrator to oversee the affairs of Rivers.
- Declare whether the suspension of the elected executive arm and the subsequent appointment of a Sole Administrator amount to an unconstitutional takeover of a democratically elected government prohibited by Section 1 of the Constitution.
- Declare that the removal of the elected executive and legislative arms, and the appointment of Ibas as Sole Administrator, violate Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4.
The Judge, after confirming that all necessary parties had been duly served, adjourned the case until May 21 for hearing.
Read also:
Davido regrets, renounces extra-marital affairs; confesses “cheating comes with lots of problems”
