*Court To Hear Suit Against Suspension Of Fubara, Lawmakers
THE Sole Administrator of Rivers State, Vice Admiral Ibok-Ete Ekwe Ibas (rtd), has approved the appointment of administrators for the 23 local government areas of the state and reconstituted previously suspended Boards of agencies, commissions and parastatals, with effect from Monday, April 7.
The approval was contained in a special government announcement issued on Wednesday, April 9, by the Secretary to the State Government (SSG), Prof. Ibibia Worika.
This is despite an order of the Federal High Court in Port Harcourt on Tuesday, April 8, barring him from appointing sole administrators to run the affairs of the 23 local councils.
The order was issued by Justice Adamu Turaki Muhammed in Suit No. FHC/PH/CS/46/2025, filed by the Pilex Centre for Civic Education Initiative, led by Courage Msirimovu, against Ibas, in his official capacity.
The motion ex parte was filed on March 28, praying the court for multiple reliefs, including an order of interim injunction restraining the Respondent or his agents from appointing sole administrators, or by whatever name called, for the 23 local councils, as well as any other order deemed necessary in the circumstances.
Justice Muhammed said he found sufficient reason to grant the prayers and fixed April 14, this year, for hearing.
Recall that the tenure of the last elected local council chairmen was terminated following a Supreme Court judgment on February 28, which declared their election illegal.
As a result, Governor Siminalayi Fubara, now suspended, ordered the chairmen to hand over to the Heads of Local Government Administration (HLGA).
But following the imposition of a state of emergency in Rivers State and appointment of Ibas as Sole Administrator, there have been concerns that he might appoint administrators to oversee affairs of the local councils.
Meanwhile, the Federal High Court in Port Harcourt has scheduled May 21 to hear the a suit filed by Belema Briggs and others against President Bola Tinubu, National Assembly, Attorney General of the Federation, Ibas and the Nigerian Navy.
The Plaintiffs are seeking a judicial interpretation of the 1999 Constitution of the Federal Republic of Nigeria (as amended), specifically Sections 1, 4, 5, 11, 180, 188 and 305.
They want the court to determine whether, under these provisions, the President has the constitutional authority to suspend an elected executive arm of government in Rivers State, which is constitutionally guaranteed a four-year tenure.
They are also challenging the declaration of a state of emergency by the President on March 18, 2025, resulting in the suspension of the Governor, Deputy Governor and members of the Rivers State House of Assembly, arguing that such actions may constitute a flagrant violation of the constitutional provisions listed above.
In their originating summons, the Plaintiffs also seek the court’s interpretation of whether the National Assembly has the power, under Sections 5, 11, and 305 of the Constitution, to ratify the President’s proclamation that effectively suspended the executive arm of the state government.
In addition, they want the court to determine whether the President 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 State.
They are also asking the court to declare whether the suspension of the elected executive arm and subsequent appointment of a sole administrator amount to an unconstitutional takeover of a democratically elected government, which they argue is prohibited by Section 1of the constitution.
They argued that the removal of the elected executive and legislative arms and the appointment of Ibas as Sole Administrator, violates Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A4.
The presiding Judge, after confirming that all necessary parties had been duly served, adjourned the matter until May 21, this year, for hearing.
