BREAKING! Court Told To Sack Ibas As Rivers Administrator

 In a significant legal development, the Federal High Court in Abuja has been petitioned to annul the appointment of Vice Admiral Ibok-Ete Ibas (retd.) as the Sole Administrator of Rivers State. This request was initiated by legal practitioner Johnmary Jideobi, who filed a suit challenging the constitutional validity of President Bola Tinubu's decision to appoint Ibas following the suspension of the state's elected officials.

Background of the Appointment

On March 18, 2025, President Tinubu declared a state of emergency in Rivers State, citing escalating political tensions and security concerns. This proclamation led to the suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all members of the Rivers State House of Assembly for an initial period of six months. In their place, Vice Admiral Ibas was appointed and subsequently sworn in as the Sole Administrator to oversee the state's affairs during this period. 

Legal Challenge to the Appointment

The lawsuit, identified as FHC/ABJ/CS/572/2025, lists President Tinubu as the primary defendant, with Vice Admiral Ibas and the Attorneys-General of the 36 states as co-defendants. Jideobi's contention centers on the argument that the President lacks the constitutional authority to suspend duly elected state officials and appoint a sole administrator in their stead. He asserts that such actions contravene the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended. 

Key Points of the Lawsuit

1. Constitutional Authority: The plaintiff seeks a judicial determination on whether the President possesses the constitutional power to remove or suspend elected state officials and appoint a sole administrator, especially in the absence of a formal request from the state's governor or deputy governor, as stipulated in Section 305(5) of the Constitution.

2. Validity of Actions Taken: Jideobi requests the court to declare all actions and decisions undertaken by Vice Admiral Ibas in his capacity as Sole Administrator as unconstitutional, null, and void, arguing that they lack legal foundation and should have no constitutional effect nationwide.

3. Permanent Injunction: The suit also seeks a permanent injunction to prevent the President from further interfering with the tenure of elected governors and deputy governors across Nigeria, including appointing sole administrators or similar substitutes.

Implications of the Legal Challenge

This legal action raises critical questions about the balance of power between federal and state authorities in Nigeria's federal system. The outcome could set a precedent regarding the extent of presidential powers in declaring states of emergency and making appointments that override elected state officials.

Reactions and Counterarguments

In response to circulating reports about a court order preventing Ibas from resuming duties, Dr. Edison Ehie, Chief of Staff to the suspended Governor Fubara, refuted such claims. He labeled the reports as false and misleading, emphasizing that no such suit had been filed and urging the public to disregard the misinformation. 

Next Steps

As of now, no date has been set for the hearing of this case. Legal experts and political analysts are closely monitoring the situation, given its potential ramifications on the interpretation of constitutional powers and the autonomy of state governments within Nigeria's federal structure.

Conclusion

The court's decision on this matter will be pivotal in clarifying the constitutional boundaries of presidential authority concerning state governance during emergencies. It underscores the ongoing discourse on the separation of powers and the safeguarding of democratic processes in Nigeria.