News
Move to sack Ibas: Tinubu, AGF fail to appear in court *Case moved to June
Justice James Omotosho of the Federal High Court, Abuja, on Thursday deferred the hearing a suit seeking the sacking of Ibok-Ette Ibas, as the Sole Administrator of Rivers State, following the State of Emergency imposed on the state by President Bola Tinubu on March 18.
Omotosho deferred sitting on the matter till June 11 following the absence of Tinubu and Lateef Fagbemi, Attorney-General of the Federation and Minister of Justice (AGF-MoJ), at the resumed proceeding on the matter, to enable proper service of the court processes on all parties.
Though the President and the AGF were neither present nor represented, the Attorneys-General of Lagos, Bayelsa, Taraba and Edo states announced their appearances, with Chimezie Enuka, informing the court that all the defendants in the matter, except the Attorneys-General of Zamfara and Bauchi state, were duly served with both the originating processes and the hearing notice.
After all the parties agreed on the new date, the court ordered the service of fresh hearing notices on all the defendants, particularly, Tinubu, the AGF and Attorneys-General of the 36 States of the federation, who were listed as 2nd to 39th defendants in the suit marked: FHC/ABJ/CS/572/2025.
The legal action was instituted by an Abuja-based legal practitioner, Johnmary Jideobi, who is praying the court to set-aside as void, “all actions and decisions [howsoever described or made] by Ibas 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.”
The plaintiff is further praying the court to issue a perpetual order of injunction, restraining 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.”
He also sought an order of perpetual injunction, barring the President “either by himself, his officers, agents, privies, servants or any other person acting under his command howsoever named, from appointing any Sole Administrator into any State Government House in the thirty (36) of the Federation for any purpose whatsoever.”
In the Originating Summons he urged 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 [1st 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 3rd Defendant for that State?”
Upon the determination of the question, he prayed the court to declare that upon an intimate reading and complete understanding of the entirety of section 305 of the 1999 Constitution, as amended, there is NO other circumstance contemplated by the Constitution for the removal OR interruption of the tenure of an elected Governor and Deputy Governor of a State EXCEPT the circumstances contemplated under Sections 180, 188, 189 and 306 of the 1999 Constitution of the Federal Republic of Nigeria as amended.
“A declaration of this Honorable 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 3rd 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 1st 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 1st 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 1st 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 1st Defendant.”
As well as: “An order of this Honourable Court directing Vice Admiral Ibokette Ibas (Rtd) [the 3rd defendant herein] to vacate, forthwith, the Government House of Rivers State of Nigeria.”
In a 32 paragraphed affidavit he deposed in support of the suit, the plaintiff maintained that though President Tinubu has the constitutional power to declare a state of emergency in deserving circumstances in any part of the federation, he does not have the power to suspend elected officials like a governor who is not his appointee.
“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 1st Defendant nor the 2nd 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 1st and 2nd 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,” the plaintiff averred.
Peter Obi, candidate of the Nigeria Democratic Congress (NDC), has given assignment to Nigerians to put all those aspiring to take up political positions in the country through the grill to ascertain their level of integrity, saying it was required as a sine qua non for the job they seek.
Obi, who has been a subject of discussion in the polity since the allegation of corruption was levied against him by Kenneth Okonkwo, spokesman of his campaign in 2023, over the conduct of the party’s primaries to choose candidates for the 2027 general elections, said the grilling must start with his own person.
A guest in an interview on a podcast with Rufai Oseni, a popular television anchor, the former Governor of Anambra State, stated that it was actually for this reason that he had now sworn to see the litigation he instituted against Okonkwo through.
His take is that the Nollywood actor should use the courtrooms to give all the details of bad behaviour, following his threat to expose him fully, after alleging that he was collecting money from aspirants in the said election for electoral favours.
Hear him: “The issue of taking Kenneth Okonkwo to court wouldn’t have arisen if he had stopped at those allegations. But he claimed he still has more he would expose about me in the future. So, I am very happy to take him to court so that he can expose me publicly, alongside other Nigerians. If any of them has any criminal allegations against me, they should bring them to court.
“Not just Kenneth, everybody should now say those things they know that is bad about me or I did that is wrong because it’s good for the system, it’s good for the society,” Obi said.
“So, if you know that when we were in primary school, this man was cheating or didn’t go to the primary school, didn’t go to secondary school, didn’t do, if you know this man has done something criminal somewhere, this is time to bring it up.”
For the umpteenth time, Atiku Abubakar, former Vice President Atiku Abubakar has warned about the dangerous implication of using state institutions, particularly the judiciary to destroy Nigeria’s democracy, saying it is an ill-wind that blows nobody any good.
Atiku, presidential candidate of the African Democratic Congress (ADC), speaking on the heels of Tuesday’s verdict of the Court of Appeal, halting the de-registration order by the Federal High Court, insisted that judicial officers must not lend themselves to any act capable of undermining the nation’s democratic process.
The appellate court had ordered a stay of execution on the order made on Monday by Justice Peter Lifu of the Federal High Court Abuja, for the Independent National Electoral Commission (INEC) to deregister the ADC alongside four other political parties).
A totally scandalised Court of Appeal, sitting in Abuja, had taken umbrage, sparing no hard words in upbraiding the lower court judge, stating that his likes were unfit to sit on the bench.
In a unanimous ruling by a three-man panel, the court held that Lifu’s action was “the highest form of judicial impertinence”, stressing that the Supreme Court previously held that a judge who acted in such a manner.
Describing his conduct as the height of judicial rascality, the upper court, stated: “Courts are enjoined to protect their integrity. This Court has supervisory authority over the trial court.
“The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution.
This court has the duty to invoke its powers in ensuring that its orders are obeyed. The application for a stay of execution is here yet granted. The enforcement of the judgment is stayed.”
Atiku, who hailed the position of the higher court, which restored his hope to be on the ballot as presidential candidate in the 2027 election, also noted the role of INEC as “significant.”
He said: “I welcome the Court of Appeal’s decision to stay the execution of the Federal High Court judgement seeking the deregistration of our great party, the ADC, and four other political parties. It is particularly significant that INEC itself initiated the application for the stay.
“The development reflects growing public concern over judicial contradictions and politically charged rulings within the judiciary. “Any attempt to undermine Nigeria’s hard-won democracy through judicial manipulation is a grave danger to the Republic. If our democracy suffers further injury, history will demand accountability from those entrusted with dispensing justice.
Outside ADC, Lifu’s order, also included: Action Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP), similarly slammed for allegedly failing to meet the constitutional requirements for continued registration and participation in elections.
“He is running in contempt of the court. Justice Lifu should be arrested because he is acting in contempt of the court which is a criminal act,” were the exact words with which the African Democratic Congress (ADC), demonstrated its angst over the court ruling on Monday, ordering its de-registration as a political party in Nigeria.
A furious Bolaji Abdullahi, spokesman of the party, told his host while appearing as a guest on Monday’s edition of Politics Today, a public affairs programme on Channels Television that the judge of the Abuja Federal High Court who gave the order was actually playing with fire because of the consequences.
Directly accusing him of playing the script of the All Progressives Congress (APC), to ensure that President Bola Tinubu emerged the sole candidate for the 2027 presidential election, the party spokesman, was emphatic that the plan would not work, as head or tail, ADC must be on the ballot in all the elections.
Hear him: “There is a Court of Appeal order saying don’t hear this case until October 27. So, on what basis? You can’t place something on nothing. The Court of Appeal said don’t act on this until I hear it on October 27. So, on what basis did he deliver the judgement
“So, for us in the African Democratic Congress, what we’re convinced and they know is what they have done has no leg to stand on legally. What they want to do is to create doubts in the minds of the people that this ADC has too many legal cases, can we actually run on this? And to distract us. But we’re not distracted.
“We’re very clear. It was in spite of all they have done since ADC came on board that we ran one of the best and one of the most comprehensive direct primaries in the history of democracy in Nigeria. So, we are strong enough to withstand this. And that’s why I’m saying that we are going to contest in 2027. We’re ADC. We don’t buckle before dictatorship.”
Stressing on the implication of the judgement, which also affected Accord Party (AP), Action Peoples Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP) for allegedly failing to meet constitutional and electoral performance requirements, following a suit by the National Forum of Former Legislators, he said it portended grave danger.
He added: “We are not surprised. We know that the Nigerian people believe that there is a problem with the judiciary, but what we did not expect is the level of judicial rascality that was demonstrated today.
“What we are saying is that we reject it in its totality, and we are saying that the people behind this are playing with fire. Hundreds, if not thousands, have obtained nomination forms and contested elections and emerged as candidates on the platform of the ADC.”
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