Challenging Presidential Overreach: A Legal Battle for Constitutionalism in Rivers State
In a move that has ignited national discourse on the limits of executive power and the sanctity of democratic governance, an Abuja-based legal practitioner, Mr. Johnmary Jideobi, has approached the Federal High Court in Abuja to challenge the recent appointment of Vice Admiral Ibokette Ibas (Rtd.) as Sole Administrator of Rivers State. The suit, marked FHC/ABJ/CS/572/2025, lists President Bola Ahmed Tinubu as the first defendant, followed by the Attorney-General of the Federation, Vice Admiral Ibas, and the Attorneys-General of all 36 states of the federation.
At the heart of this legal battle lies the fundamental question: can a sitting president unilaterally suspend a duly elected governor and deputy governor, and impose an unelected sole administrator in their place?
Mr. Jideobi argues that such actions, allegedly taken by President Tinubu, represent a grave violation of Section 305 of the Nigerian Constitution. This section explicitly outlines the legal and constitutional framework for declaring a state of emergency, and by extension, the lawful procedure for the removal or suspension of a governor or deputy governor. According to the plaintiff, none of the constitutional prerequisites for such drastic executive intervention were met before the appointment of Vice Admiral Ibas.
The plaintiff is not merely seeking the reversal of the appointment; he is asking the court for a clear and categorical declaration that the President’s actions are unconstitutional, null and void. In addition, he calls for all decisions and policies executed by Ibas in his capacity as Sole Administrator to be set aside, and demands his immediate vacation of the Rivers State Government House.
Justice James Omotosho has fixed April 10, 2025, as the date for the hearing, a moment many analysts anticipate will set a significant precedent in Nigeria’s evolving democratic landscape.
This case brings into sharp focus the delicate balance between the executive arm of government and the constitutional framework that guides federalism in Nigeria. The concerns raised by the plaintiff are neither trivial nor isolated. If the alleged actions of the President are allowed to stand, it could open the floodgates for future executive overreach, effectively weakening the electoral mandate of the people and compromising the integrity of democratic institutions.
By bringing this matter before the judiciary, Mr. Jideobi is invoking not just a legal remedy, but a civic plea for constitutionalism, rule of law, and democratic accountability. His petition reminds us that in a democratic society, no arm of government, including the presidency, is above the law.
The implications of this suit are far-reaching. Beyond the immediate political tensions in Rivers State, it speaks to a broader concern for governance, electoral sanctity, and the checks and balances that underpin Nigeria’s constitutional democracy.
As Nigerians await the court’s ruling, the nation watches closely—not just to determine the legality of Vice Admiral Ibas’s appointment, but to reaffirm the principle that the power of the people, expressed through free and fair elections, must never be subverted by executive fiat.
