*High Court Orders Service On Tinubu, Ibas, Fubara
THE President, Asiwaju Bola Tinubu, is to be defended by the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), in his response to the suit filled at the Supreme Court by Peoples Democratic Party (PDP) governors, challenging his declaration of emergency rule in Rivers State.
Already, legal teams in the office of the AGF were working on the suit.
On their part, the PDP governors, under the aegis of PDP Governors Forum, have engaged 11 Senior Advocates of Nigeria (SANs) and six other lawyers to battle the President at the apex court over whether the latter has the powers under the 1999 Constitution (as amended) to declare emergency rule in a state and suspend its democratically elected institutions.
The SANs engaged by the governors include Bolaji Ayorinde; Eyitayo Jegede; Kamaldeen Ajibade; J.A Mumuni; Musibau Adetunbi; Samuel Atung, Yunus Abdulsalam; M.S. Atolagbe; Ezenwa Ibegbunam; Chiamaka Anagu; Olakunle Lawal; Abduljalil Musa and H. A. Adeleke.
The 11 PDP governors listed as Plaintiffs are those of Adamawa; Enugu; Osun; Oyo; Bauchi; Akwa Ibom; Plateau; Delta; Taraba; Zamfara and Bayelsa states.
The governors, in the suit, marked: SC/CV/329/2025, asked the Supreme Court, among others, to determine “whether upon a proper construction and interpretation of the provisions of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend or in any manner whatsoever interfere with the offices of a Governor and the Deputy Governor of any of the component 36 States of the Federation of Nigeria and replace same with his own unelected nominee as a Sole Administrator, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of the states of the federation, particularly in any of the Plaintiffs states?
“Whether the consequent threat by the first Defendant, acting on behalf of the President to the States of the Federation, including the Plaintiffs’ States, to the effect that the offices of the Governor and Deputy Governor of the States can be suspended by the President by virtue of a Proclamation of a State of Emergency, is not in contravention of the provisions of Sections 1(2), 4(6), 5(2), 11(2) and (3) of the Constitution of the Federal Republic of Nigeria 1999 and inconsistent with the principles of constitutional federalism?”
Meanwhile, a Federal High Court in Abuja has ordered the service of the process challenging the declaration of a state of emergency in Rivers State on President Bola Tinubu; Sole Administrator, Vice Admiral Ibok-Ete Ibas, and suspended Governor, Siminalayi Fubara.
On Monday, April 14, Justice James Omotosho also ordered the service of the court papers on the Attorney General of the Federation, Lateef Fagbemi (SAN) before adjourning the case until May 21.
Earlier, layer for the Plaintiffs, Ebun-Oluwa Adegboruwa (SAN), told the court that they would need an adjournment to enable them serve the processes.
The Plaintiffs, Yirbari Israel Nulog, Nengim Ikpoemugh Royal and Gracious Eyoh-Sifumbukho, are asking the court to set aside Ibas’ appointment and to restrain him from acting or continuing to act as sole administrator in pursuance of his appointment on March 18.
They are also seeking, among others, “An order of injunction restraining the 1st (Tinubu), 3rd (Ibas) Defendants, including their agents, representatives or such other persons acting on their behalf, from treating or continuing to treat the deputy governor and members of the House of Assembly as having been suspended by the 1st defendant (Tinubu).”
They contend that by virtue of Section 1(1) and (2) and 176(1) and (2) of the Constitution of the Federal Republic of Nigeria 1999, they, being indigenes and residents of Rivers State, are entitled to have a democratically elected Governor, who shall be the chief executive of the state.
