A suit filed by an Abuja-based lawyer, Mr Johnmary Jideobi, seeking the sack of the recently appointed Sole Administrator of Rivers, Vice Admiral Ibok-Ete Ibas (rtd.), was stalled on Thursday due to inability to serve some defendants.
The development occurred after the plaintiff’s counsel, Chimezie Enuka, informed Justice James Omotosho of the Federal High Court in Abuja that he was unable to serve the Zamfara and Bauchi states, who are the 8th and 9th defendants in the suit with hearing notice of the matter.
At the Thursday’s proceedings, only the attorneys general (AG) of Lagos, Bayelsa, Taraba and Edo were represented in court out of the 36 state governments’ AG that were listed as defendants in the suit.
Enuka told the court that he would ensure that all the defendants are served on or before April 13.
He, therefore, sought an adjournment to enable him do the needful.
Justice Omotosho, with the agreement of lawyers in the matter, adjourned the matter until June 11.
Freedomonline reports that Jideobi, in the suit marked: FHC/ABJ/CS/572/2025, listed President Bola Tinubu as the 1st defendant.
He also named the Attorney-General of the Federation (AGF), Vice Admiral Ibas (rtd) and Attorneys-General of the 36 states of the federation as 2nd to 39th defendants respectively.
The plaintiff, in the suit is praying the court to set-aside, “all actions and decisions (howsoever described or made) of the 3rd defendant (Vice Admiral Ibas (rtd)) in the name of Sole Administrator of Rivers State, same being unconstitutional, null and of no constitutional force throughout the Federal Republic of Nigeria for all purposes.”
The plaintiff further prayed the court to issue a perpetual order of injunction, restraining the 1st defendant (Tinubu), either by himself, his officers, agents, privies, servants or any other person acting under his command howsoever named, “from either removing, suspending or otherwise tampering with the tenure of the Governor and Deputy-Governor of Rivers State (and indeed any other State in Nigeria)”.
He equally sought an order of perpetual injunction, barring President Tinubu, “either by himself, his officers, agents, privies, servants or any other person acting under his command howsoever named, from appointing any Sole Administrator into any State Government House in the 36 state of the Federation for any purpose whatsoever.”
In the originating summons, the plaintiff prayed the court to determine: “Whether in view of the combined provisions of the entirety of Sections 1, 5(2), 180, 188, 189, 305 and 306 of the 1999 Constitution of the Federal Republic of Nigeria, the President has any constitutional authority to either remove, suspend or otherwise tamper with the tenure of the duly elected Governor and Deputy Governor of Rivers.
Upon the determination of the question, he prayed the court to declare that upon an intimate reading and complete understanding of the entirety of Section 305 of the 1999 Constitution, as amended, there is no other circumstance contemplated by the constitution for the removal or interruption of the tenure of an elected Governor and Deputy Governor of a State except the circumstances contemplated under Sections 180, 188, 189 and 306 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
“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.
“A declaration that the purported nomination/appointment and swearing in of Vice Admiral 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 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 setting aside the nomination/appointment and swearing in of Vice Admiral Ibas (Rtd) as the Sole Administrator of Rivers State of Nigeria by the 1st Defendant.”
Also, “An order directing Vice Admiral Ibas (Rtd) (the 3rd defendant herein) to vacate, forthwith, the Government House of Rivers State of Nigeria.”
In a 32 paragraph affidavit he deposed to in support of the suit, the plaintiff maintained that though President Tinubu has the constitutional power to declare a state of emergency in deserving circumstances in any part of the federation, he does not have the power to suspend elected officials like a governor who is not his appointee.
“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 practises Federalism hinged on separation of power.
“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,” the plaintiff averred.
