From Victor Edozie, in Port Harcourt
A former Federal Lawmaker and 2023 Rivers State governorship aspirant, Dr. Farah Dagogo, has announced his intention to appeal the judgment of the Federal High Court, Abuja, which struck out his suit challenging the constitutional validity of President Bola Ahmed Tinubu’s declaration of Emergency Rule in Rivers State.
In Suit No. FHC/PH/CS/50/2025, Dr. Dagogo had sought judicial interpretation of the constitutional authority under which the President suspended both the executive and legislative arms of the Rivers State Government.
The defendants in the suit included President Bola Ahmed 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 served as the state’s administrator during the emergency rule period.
Originally filed at the Port Harcourt Division of the Federal High Court, the case was later reassigned to the Abuja Division following a directive from the Attorney-General of the Federation to the Chief Judge of the Federal High Court.
Delivering judgment on Friday, Justice James Omotosho held that the court lacked jurisdiction to entertain the matter and consequently struck it out.
The court also awarded costs against the plaintiff, citing his insistence that the Court has jurisdiction.
Speaking to journalists after the ruling, Dr. Dagogo’s counsel, Barrister Babafemi Adegbite, expressed his client’s resolve to pursue the matter to the Court of Appeal, emphasizing that the decision would not deter their quest for constitutional clarity.
“The court has delivered its judgment today, but we firmly believe that the President erred by suspending duly elected officials of the Rivers State executive and legislature. We are seeking judicial interpretation of the specific constitutional provisions that empower the President to act in such a manner,” Adegbite stated.
“We are not satisfied with the ruling. We are proceeding to the Court of Appeal because our client, Dr. Farah Dagogo, is determined to obtain a substantive judicial clarification,” he added.
President Bola Ahmed Tinubu had declared a State of Emergency in Rivers State on March 18, 2025, citing alleged security threats. In the process, he suspended the state’s democratically elected executive and legislative arms and appointed Vice Admiral Ibok-Ete Ibas (Rtd.) as the Administrator of the state.
In response, Dr. Dagogo filed his suit on April 9, 2025, challenging the constitutionality of the President’s actions. The matter, initially presided over by Justice Turaki Mohammed, had been scheduled for further proceedings on May 26, 2025, before its eventual transfer to Abuja.
Although President Tinubu lifted the suspension on September 18, 2025, following the expiration of the six-month emergency period, Dr. Dagogo and his legal team maintain that the termination of the measure does not cure its alleged illegality.
They insist that a definitive judicial interpretation is necessary to prevent similar executive actions in the future.
Dagogo statement was contained in a statement issued in Port Harcourt on Friday by his Media aide, Lawal Ibrahim.
