Why Fubara cannot legally take his suspension battle to the Supreme Court: 4 key reasons revealed

• A 2006 Supreme Court ruling prevents Fubara from legally challenging his suspension astatine the Supreme Court, arsenic suspended governors deficiency the lasting to writer connected behalf of their states
• While Fubara cannot record a lawsuit successful his idiosyncratic capacity, PDP governors are challenging the suspension astatine the Supreme Court
• His lone ineligible alternate is the Federal High Court, but experts pass that delays and objections could marque a solution improbable earlier his six-month suspension ends

A 2006 Supreme Court ruling efficaciously prevents Siminalayi Fubara, the suspended politician of Rivers State, from approaching the tribunal to situation his suspension.

Legal experts reason that portion helium whitethorn question redress astatine the Federal High Court, a speedy solution is unlikely.

4 Strong Reasons Fubara Is Legally Barred From Taking His Suspension Case To the Supreme Court
Source: Twitter

On March 19, President Bola Tinubu announced the six-month suspension of Fubara, his deputy, Ngozi Odu, and each members of the Rivers State House of Assembly.

He besides appointed retired Vice-Admiral Ibok-Ete Ibas arsenic the state’s administrator.

While Section 305 of the 1999 Constitution (as amended) empowers the president to state a authorities of emergency, ineligible analysts reason that suspending a sitting governor, lawman governor, and lawmakers exceeds statesmanlike authority.

Here are 4 cardinal reasons wherefore Fubara cannot instrumentality his lawsuit to the Supreme Court:

1. Lack of Locus Standi

A Supreme Court precedent from 2006, involving the Plateau State government, established that suspended governors deficiency the ineligible lasting to situation specified actions successful the sanction of their states.

In 2004, then-President Olusegun Obasanjo declared a authorities of exigency successful Plateau State, suspending Governor Joshua Dariye and the authorities legislature.

When the Plateau State authorities challenged this astatine the Supreme Court (SC. 113/2004), the Attorney General of the Federation (AGF) and the National Assembly argued that the plaintiffs had nary ineligible lasting to sue.

Retired General Chris Alli, who was appointed arsenic Plateau’s administrator, besides opposed the lawsuit, stating:

In its ruling, the Supreme Court, led by then-Chief Justice Muhammadu Uwais, struck retired the lawsuit connected jurisdictional grounds. Justice Idris Kutigi ruled:

“The 1st and 2nd plaintiffs did not authorise this suit, and nary acquisition was fixed for filing aforesaid astatine the clip it was filed. The suit having been filed without authorisation deserves 1 happening only—to beryllium struck out.”

Since Fubara has been suspended and an head appointed successful Rivers State, helium likewise lacks the ineligible lasting to writer connected behalf of the state.

2. Inability to writer successful idiosyncratic capacity

The Supreme Court ruling successful Plateau State v. Attorney-General of the Federation clarified that nether Section 232(1) of the 1999 Constitution, the tribunal lone has archetypal jurisdiction implicit disputes betwixt the national authorities and a state—not cases filed by individuals successful their idiosyncratic capacity.

As a result, Fubara cannot personally record a lawsuit astatine the Supreme Court to situation his suspension.

The tribunal had antecedently struck retired akin reliefs sought by Plateau State officials, ruling that it lacked jurisdiction implicit their idiosyncratic grievances.

3. PDP Governors, Not Fubara, Are Challenging the Suspension

Governors elected nether the Peoples Democratic Party (PDP) person resolved to attack the Supreme Court to situation the declaration of exigency regularisation successful Rivers State.

However, Fubara himself is notably absent from the database of plaintiffs.

Legal analysts suggest this whitethorn beryllium a strategical decision, fixed the Supreme Court's precedent barring suspended governors from pursuing specified cases.

4. Federal High Court Is an Alternative, But Resolution May Be Slow

4 Strong Reasons Fubara Is Legally Barred From Taking His Suspension Case To the Supreme Court
Source: Facebook

Since the Supreme Court is not an option, Fubara’s lone imaginable ineligible avenue would beryllium the Federal High Court. This tribunal has jurisdiction implicit law mentation and cases involving the national authorities nether Section 251 of the 1999 Constitution.

Fubara could reason that his suspension violates his cardinal rights oregon exceeds statesmanlike powers. However, ineligible experts caution that:

The national authorities would apt rise objections, causing delays.

The lawsuit could instrumentality years to resolve, by which clip his six-month suspension would person ended.

Court asked to sack Rivers’ sole head Ibas

Previously, Legit.ng reported that the Federal High Court sitting successful Abuja has been asked to sack the Sole Administrator of Rivers state, Vice Admiral Ibok-Ete Ekwe Ibas (rtd).

An Abuja-based ineligible practitioner, Johnmary Jideobi, filed the suit marked FHC/ABJ/CS/572/2025 connected Tuesday, March 25, 2025.

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Source: Legit.ng