Legal representatives of Dr. Farah Dagogo, a former federal lawmaker and 2023 Rivers State governorship aspirant, have questioned the legality of the emergency rule declared in Rivers State by President Bola Ahmed Tinubu. The issue was raised during the resumed hearing of Suit No. FHC/PH/CS/50/2025 at the Federal High Court, Abuja, on Thursday.
The suit, which was initially filed at the Port Harcourt Division of the Federal High Court, was transferred to Abuja following a directive from the Attorney-General of the Federation to the Chief Judge of the Federal High Court. At Thursday’s proceedings, legal counsels for the first and fifth defendants Prof. Kanyinsola Ajayi, SAN, and Abduljabar Aliyu were present in court. However, the third and fourth defendants failed to appear.
After hearing an application for extension of time from the defendants’ counsels, the presiding judge, Justice James Omotosho, adjourned the matter to July 9, 2025. Speaking to journalists after the session, Barrister Babafemi Adegbite, a member of Dr. Dagogo’s legal team, emphasized the central argument of the case that the president’s actions in Rivers State are unconstitutional.
“Dr. Farah Dagogo is challenging the constitutionality of the President’s actions in Rivers State. We are contesting the imposition of an administrator in a state governed by a democratically elected government. “The President does not possess the constitutional authority to suspend an elected government and replace it with a sole administrator,” Adegbite stated.
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Adegbite further described the move as a violation of Nigeria’s constitutional framework, adding that Dr. Dagogo’s legal challenge is aimed at restoring democratic governance and the rule of law in the state. The legal challenge follows President Tinubu’s declaration of a state of emergency in Rivers State on March 18, 2025, citing escalating security concerns.
The declaration led to suspending the state’s executive and legislative arms and the appointment of retired Vice Admiral Ibok-Ete Ibas as sole administrator. Dr. Dagogo filed the suit on April 9, 2025, listing the following as defendants: the President of the Federal Republic of Nigeria, the President of the Senate, the Senate, the Speaker of the House of Representatives, and the appointed Administrator of Rivers State.
The case was initially scheduled for hearing in Port Harcourt on May 26, 2025, before Justice Turaki Mohammed. However, prior to the hearing, the Attorney-General of the Federation requested a change of venue, and the matter was subsequently reassigned to the Abuja Division. The outcome of the case is expected to set a critical precedent on the limits of executive power in relation to state governance and the application of emergency rule under Nigeria’s 1999 Constitution.
