A Federal High Court sitting in Port Harcourt has adjourned to October 13, 2025, a suit filed by the civil society organisation, Initiative for Freedom, Conflict Prevention and Social Integration, challenging the legality of President Bola Tinubu’s actions in Rivers State, including the appointment of a Sole Administrator.
The adjournment is to allow President Tinubu, the Attorney General of the Federation, and the Sole Administrator of Rivers State, retired Vice Admiral Ibok-Ete Ibas, to respond to an affidavit filed by the plaintiff.
In a separate but related suit also filed by the same organisation, the group is contesting the legality of the National Assembly’s ratification of the appointment of the Sole Administrator.
That matter was also adjourned to October 13 due to the failure of the National Assembly to appear or file a response. The court directed the plaintiff’s counsel to serve a hearing notice on the National Assembly before the next adjourned date.
The civil society group is also questioning the National Assembly’s authority to set up a committee to oversee the state’s affairs during the emergency rule, and to receive and deliberate on the 2025 Rivers State budget.
When the matter came up for hearing, counsel to the President, Attorney General, and Sole Administrator, Hilton Urbah, informed the court of a memorandum of conditional appearance and a preliminary objection already filed.
He requested time to respond to the plaintiff’s affidavit. Although the request was opposed by plaintiff’s counsel, Amegua Lezina, the presiding judge, Justice Muhammad Turaki, overruled the objection and granted the extension.
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Justice Turaki subsequently directed Kingdom Chukwueze, counsel in the second suit, to ensure the National Assembly is properly served ahead of the October hearing.
Speaking to journalists after the proceedings, Lezina and Chukwueze, explained the reasons for the court’s decision to adjourn the case, they however noted that the court is minded to proceed with the hearing whether there be representation for the national assembly or not. While affirming their commitment to pursuing constitutional clarity.
“We have served them on two occasions the originating process and on the last adjourned date the court ordered us to serve them hearing notice in Abuja which we have also done.”
The Country Director of the Initiative for Freedom, Conflict Prevention and Social Integration, Carlis Evans, said the organisation approached the court to seek constitutional interpretation regarding the powers of the President and other respondents to declare a state of emergency and appoint a Sole Administrator in Rivers State.
In their suit, the organisation is asking the court to determine whether, under Section 179(1) and (2) of the 1999 Constitution (as amended), a Sole Administrator appointed by the President can assume the executive powers and functions constitutionally reserved for an elected Governor.
“There are infractions to the law’s that was not followed as regards to the declaration of State of Emergency in Rivers State we are here in court for the court to interpret certain sections of the constitution and determine if the president actually followed the provisions of the constitution.
“It is a public interest litigation, the interest of justice and also interest of democracy here is at stake. It is a matter that will benefit all parties in the suit.”
