An Abuja based legal practitioner, Johnmary Chukwukasi Jideobi, has filed a lawsuit at the Federal High Court in Abuja, challenging President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State and the appointment of a Sole Administrator to govern the state. The suit, which names the President, Attorney-General of the Federation, Vice Admiral Ibokette Ibas (Rtd), and all 36 state Attorneys-General as defendants, seeks to determine the legality of the President’s actions.
In the Court documents seen by BarristerNG, Jideobi poses a fundamental constitutional question: Whether, under the 1999 Constitution of Nigeria (as amended), the President has the authority to suspend or remove a duly elected Governor and Deputy Governor of a state and appoint a Sole Administrator in their place.
He argues that the only provisions for removing a Governor or Deputy Governor are outlined in Sections 180, 188, 189, 305, and 306 of the Constitution, which do not grant the President such powers.
The Abuja lawyer is among other things asking the court for a declaration that only the provisions of the Constitution, as stated in Sections 180, 188, 189, and 306, can determine the removal of a Governor or Deputy Governor.
He also wants the court to declara that the President lacks constitutional authority to suspend or replace a duly elected Governor or Deputy Governor with a Sole Administrator.
Also in the court process is a request for an order setting aside the appointment of Vice Admiral Ibokette Ibas (Rtd) as Sole Administrator of Rivers State and to vacate Rivers State Government House immediately.
He is also seeking for a perpetual injunction restraining the President from appointing a Sole Administrator in any state.
President Tinubu, in a national broadcast on March 18, 2025, declared a state of emergency in Rivers State, citing the failure of the Governor and Deputy Governor to formally request federal intervention. He subsequently suspended them and appointed Vice Admiral Ibokette Ibas (Rtd) as Sole Administrator.
The Attorney-General of the Federation, in a statement, defended the action, warning that “today it is Rivers State, tomorrow it could be any other state.” Jideobi, however, contends that such actions threaten democracy, federalism, and the constitutional separation of powers.
