Lawyer Heads to Appeal Court to Challenge Tinubu’s Action over Fubara’s suspension
Lawyer Heads to Appeal Court to Challenge Tinubu’s Action over Fubara’s suspension
A legal challenge seeking to reinstate the suspended Governor of Rivers State, Siminalayi Fubara, has been escalated to the Court of Appeal in Abuja.
The move follows an appeal filed by Abuja-based legal practitioner, Johnmary Jideobi, who is contesting the constitutionality of President Bola Tinubu’s decision to suspend Governor Fubara and appoint a Sole Administrator to oversee the state’s affairs.
The appeal stems from a suit originally filed at the Federal High Court in Abuja, where Jideobi had sought a declaration that the suspension of Governor Fubara and his Deputy on March 18, 2025, was unconstitutional and null and void. He also challenged the appointment of Vice Admiral Ibok-Ete Ibas as Sole Administrator of Rivers State, asking the court to invalidate the action and order Ibas to vacate the Government House immediately.
However, after prolonged delays in hearing the substantive suit, Jideobi filed an ex parte motion requesting the trial court to refer the constitutional questions in the case to the Court of Appeal for faster determination. The motion was dismissed by Justice James Omotosho on July 27, who described it as incompetent and in violation of the respondents’ right to fair hearing.
In his notice of appeal, Jideobi is seeking to set aside Justice Omotosho’s ruling and wants the appellate court to compel the trial court to transmit the constitutional issues raised to the Court of Appeal. He also requested that the case be reassigned to a different judge for accelerated hearing.
“The trial court is not obliged to make a constitutional reference on its own volition, but it is mandatorily required to do so when any party to the proceedings requests it,” Jideobi argued, citing Section 295(2) of the Constitution. “This position has been affirmed by the Supreme Court in several judgments.”
Jideobi emphasized that the President’s action was unconstitutional, saying, “The President of the Federal Republic of Nigeria has no constitutional authority whatsoever to either remove, suspend, or otherwise tamper with the tenure of a duly elected Governor or Deputy Governor and appoint a Sole Administrator or any substitute over that State.”
The appellant’s decision to escalate the matter to the Court of Appeal has sparked renewed interest in the case, with many Nigerians eagerly awaiting the outcome. The Court of Appeal has not yet fixed a date for the hearing of the appeal.
As the legal battle continues, the fate of Governor Fubara and the future of Rivers State hang in the balance. The case has significant implications for the country’s constitutional framework and the rule of law, and its outcome will be closely watched by stakeholders and observers alike.
