Tinubu, AGF, others shun suit challenging Ibas’ appointment in Rivers State

A legal challenge seeking the removal of Vice Admiral Ibokette Ibas (Rtd) as the Sole Administrator of Rivers State, currently being heard at the Federal High Court in Abuja, appears to have been abandoned by President Bola Tinubu, the Attorney General of the Federation (AGF), Prince Lateef Fagbemi, SAN, and other key respondents.

At the resumption of proceedings, neither the President nor the AGF was represented in court. However, attorneys representing the states of Lagos, Bayelsa, Taraba, and Edo were present. Counsel to the plaintiff, Mr. Chimezie Enuka, informed the court that all defendants, except the Attorneys General of Zamfara and Bauchi states, had been duly served with the originating processes and hearing notices.

With agreement from the parties present, Justice James Omotosho postponed the hearing until June 11 and directed that fresh hearing notices be issued to all defendants.

President Tinubu is named as the first defendant in the matter, while the AGF and the Attorneys General of the 36 states are also joined as co-defendants. The suit, marked FHC/ABJ/CS/572/2025, was filed by Abuja-based legal practitioner, Mr. Johnmary Jideobi.

Jideobi is asking the court to nullify all decisions and actions taken by Vice Admiral Ibas in the capacity of Sole Administrator of Rivers State, on the grounds that such a role is unknown to the Nigerian Constitution. He contends that the appointment is unconstitutional and therefore of no legal effect. The plaintiff further seeks a perpetual injunction preventing the President or any of his agents from removing, suspending, or interfering with the tenure of a duly elected governor or deputy governor of any Nigerian state.

He also challenges the constitutional basis of appointing a sole administrator to any state government, asserting that no section of the 1999 Constitution permits such an action, even under emergency provisions. Through his originating summons, Jideobi argues that the Constitution provides specific circumstances under which a governor or deputy governor may be removed, such as through resignation, impeachment, or death, none of which applied in the case of Rivers State.

The legal practitioner maintains that the President lacks the constitutional authority to unilaterally suspend an elected governor and replace them with a non-elected official. He further emphasizes that such an action undermines federalism and violates the separation of powers entrenched in the Constitution.

In a sworn affidavit supporting the case, Jideobi states that as a legal practitioner, he has never encountered the term “Sole Administrator” in any provision of the amended 1999 Constitution. He argues that governors and their deputies are not appointees of the President or the AGF and therefore cannot be suspended or replaced at will.

He describes his action as one taken in the public interest and in defense of the rule of law and the supremacy of the Constitution, which he describes as the “most sacred document” preserving the balance and continuity of the Nigerian state. Jideobi expresses concern that if left unchallenged, the President’s actions could set a dangerous precedent where the removal of elected state leaders becomes a recurring practice, posing a threat to constitutional democracy.

He urges the court to intervene, stating that its decision is vital to preserving constitutional integrity and preventing the erosion of democratic governance.

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