The Federal High Court sitting in Abuja has been asked to remove the recently appointed Sole Administrator of Rivers State, Vice Admiral Ibokette Ibas (Rtd).
The suit, filed by Abuja-based legal practitioner Mr. Johnmary Jideobi, challenges the legality of the appointment, describing it as unconstitutional. While President Bola Tinubu was cited as the first defendant, the Attorney-General of the Federation, Vice Admiral Ibas (Rtd), and the Attorneys-General of the 36 states of the federation were listed as the second to 39th defendants in the case, marked FHC/ABJ/CS/572/2025, and lodged before the court on Tuesday.
The plaintiff is urging the court to declare “all actions and decisions [howsoever described or made] of the third defendant [Vice Admiral Ibokette 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.”
Furthermore, he is seeking a perpetual order of injunction to “restrain the first defendant (President 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].”
The suit also requests an order “barring President Tinubu from appointing any Sole Administrator into any State Government House in the 36 states of the federation for any purpose whatsoever.”
In the Originating Summons filed through a legal team led by Mr. Chimezie Enuka, the plaintiff has asked 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 as amended and their conflated interpretation, the President of the Federal Republic of Nigeria [first defendant herein] has any constitutional authority [whatsoever] to either remove, suspend or otherwise tamper with the tenure of the duly elected Governor and Deputy Governor of Rivers State [and indeed of any other State in Nigeria] and appoint a sole Administrator [or any other substitute howsoever called or described] such as the third defendant for that State?”
Upon answering this question, the plaintiff is asking the court to declare that the removal or interruption of an elected governor’s tenure is only permissible under Sections 180, 188, 189, and 306 of the 1999 Constitution, as amended.
The suit also seeks several declarations, including, “A declaration of this Honourable 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 third 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 first defendant on Tuesday, the 18th day of March 2025, is unconstitutional, null and void, and of no legal effect whatsoever.”
“A declaration of this Honourable Court that the purported nomination/appointment and swearing-in of Vice Admiral Ibokette Ibas (Rtd) by the first defendant as the Sole Administrator of Rivers State of Nigeria is unconstitutional, null and void, and of no legal effect whatsoever.”
“An order of this Honourable Court setting aside the suspension of the Governor and the Deputy-Governor of Rivers State of Nigeria by the first defendant on Tuesday, the 18th day of March 2025, for being unconstitutional, null and void, and of no legal effect whatsoever.”
“An order of this Honourable Court setting aside the nomination/appointment and swearing-in of Vice Admiral Ibokette Ibas (Rtd) as the Sole Administrator of Rivers State of Nigeria by the first defendant.”
“An order of this Honourable Court directing Vice Admiral Ibokette Ibas (Rtd) [the third defendant herein] to vacate, forthwith, the Government House of Rivers State of Nigeria.”
In a 32-paragraph affidavit filed in support of the suit, the plaintiff argued that while President Tinubu has the constitutional power to declare a state of emergency in deserving circumstances, he does not have the power to suspend elected officials, such as a governor, who is not his appointee.
He further stated, “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 first defendant nor the second 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 first and second defendants.”
“I know that Nigeria practices 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.”
Meanwhile, the court has yet to fix a date for the hearing of the case.
