The Federal High Court in Abuja has fixed October 31, 2025, to rule on whether it has the legal authority to hear a suit filed by former House of Representatives member, Farah Dagogo, challenging President Bola Tinubu’s constitutional power during the emergency rule imposed in Rivers State.
Dagogo is seeking judicial clarification over the president’s alleged suspension of democratically elected officials in the state’s executive and legislative arms during the emergency period. The suit, numbered FHC/PH/CS/50/2025, was initially filed in Port Harcourt but was later transferred to the Abuja Division on the orders of the Attorney General of the Federation.
Listed as defendants in the case are President Bola Tinubu, Senate President Godswill Akpabio, the Senate of the Federal Republic of Nigeria, Speaker of the House of Representatives Tajudeen Abbas, and Vice Admiral Ibok-Ete Ibas (Rtd.), who was appointed as the administrator of Rivers State during the emergency period.
At the hearing on Friday, October 10, counsel to the plaintiff, Babafemi Adegbite, adopted his written address and urged the court to assume jurisdiction over the case. He insisted that the president acted beyond his constitutional powers by suspending elected officials, even if they have since been reinstated.
“Our argument is simple,” Adegbite told reporters after the court session. “What the president did was unconstitutional. It is not about whether the officials are back in office. This case is about setting a legal precedent and protecting the constitution.”
According to him, allowing such actions to go unchallenged could open the door for similar actions in the future, undermining democracy and the rule of law.
Justice James Omotosho, who presided over the case, listened to submissions from both sides before adjourning proceedings and reserving ruling on the jurisdiction issue until October 31.
Adegbite also told journalists that the case is different from previous emergency rule suits that were dismissed by courts for lack of jurisdiction. He argued that Dagogo’s case has distinct legal grounds and focuses on the boundaries of presidential powers under Nigeria’s constitution.
“We made it clear in court that this case should not be lumped together with past matters. The facts and legal questions are not the same,” Adegbite said.
The suit has attracted public attention because it touches on a sensitive issue—whether the president can suspend elected officials during a state of emergency, a situation that occurred earlier in 2025 when political violence and unrest gripped parts of Rivers State.
At the time, the federal government declared a short-term emergency, citing security concerns, and appointed a military administrator to take charge. Several elected state and local government officials were asked to step aside, sparking outrage from some quarters, including Dagogo, a known political figure in Rivers State.
Though normalcy was later restored and the suspended officials reinstated, Dagogo proceeded with the legal action, saying the move violated the constitution and threatened Nigeria’s democratic foundations.
