The Federal High Court in Abuja has scheduled April 10th to hear a lawsuit challenging the appointment of Vice Admiral Ibok-Ete Ekwe Ibas as the Sole Administrator of Rivers State.
Justice James Omotosho will preside over the case, which names President Bola Tinubu as the primary defendant.
The lawsuit, filed by Abuja-based lawyer Johnmary Jideobi, also includes the Attorney-General of the Federation and the Attorneys-General of all 36 states as defendants.
Jideobi is seeking a court order to invalidate all actions taken by Ibas in his role, arguing that they are unconstitutional.
He also requests a permanent injunction to prevent President Tinubu, or anyone acting under his authority, from removing or interfering with the tenure of any state governor or deputy governor, and from appointing any Sole Administrator to govern a state.
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In his legal documents, Jideobi, through his legal team, contends that the President lacks the constitutional power to remove or suspend a duly elected governor or deputy governor and appoint a Sole Administrator.
He argues that the constitution, specifically Section 305, only allows for the removal of a governor or deputy governor through the processes outlined in Sections 180, 188, 189, and 306.
He also asked the court to declare the following, “A declaration of this Honorable Court that in view of the entirety of Sections 1, 5(2), 180, 188, 189, 305 and 306 of the 1999 Constitution of the Federal Republic of Nigeria as amended the President of the Federal Republic of Nigeria has NO constitutional authority to either remove, suspend or otherwise tamper with the tenure of a duly elected Governor and Deputy Governor of a State and appoint a Sole Administrator [or any other substitute howsoever called or described] such as the 3rd Defendant herein for that State.
“A declaration of this Honourable Court that the purported suspension of the Governor and the Deputy-Governor of Rivers State of Nigeria by the 1st Defendant on Tuesday the 18th day of March, 2025 is unconstitutional, null and void and of no legal effect whatsoever.
He added, “A declaration of this Honourable Court that the purported nomination/appointment and swearing in of Vice Admiral Ibokette Ibas (Rtd) by the 1st Defendant as the Sole Administrator of Rivers State of Nigeria is unconstitutional, null and void and of no legal effect whatsoever.
“An order of this Honourable Court setting aside the suspension of the Governor and the Deputy-Governor of Rivers State of Nigeria by the 1st Defendant on Tuesday the 18th day of March, 2025 for being unconstitutional, null and void and of no legal effect whatsoever.
“An order of this Honourable Court setting aside the nomination/appointment and swearing in of Vice Admiral Ibokette Ibas (Rtd) as the Sole Administrator of Rivers State of Nigeria by the 1st Defendant. An order of this Honourable Court directing Vice Admiral Ibokette Ibas (Rtd) [the 3rd defendant herein] to vacate, forthwith, the Government House of Rivers State of Nigeria.”
In a 32-paragraph affidavit, Jideobi said President Tinubu may have the power to declare a state of emergency, but he does not have the right to remove governors, as they are not his appointees.
He said, “As a Nigerian Lawyer and all through my years of practice, I have never seen the word ‘Sole Administrator’ in the amended 1999 constitution of the Federal Republic of Nigeria.
“I know that neither the 1st Defendant nor the 2nd Defendant appointed the Governor and Deputy-Governor of Rivers State of Nigeria and that no Governor or Deputy Governor in Nigeria is an appointee of the 1st and 2nd Defendants.
“I know that Nigeria practices Federalism, hinged on the separation of powers. I have instituted this suit in the public interest, in the defence of the Rule of Law and accentuation of the supremacy of the Constitution and to preserve the integrity of the Nigerian Constitution, which is the most sacred document that holds the Nigerian State in balance and in being.
“I am genuinely worried that, in the absence of the intervention of this Court, removal of duly elected Governors and Deputy-Governors may become the pastime of the President, thereby opening the floodgate of anarchy capable of consuming this nation. It will be in the interest of justice for this Honourable Court to grant the prayers contained on the face of this Originating Summons.”
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