Tinubu Dragged to Appeal Court Over Fubara’s Removal

A legal challenge to President Bola Tinubu’s suspension of Rivers State Governor Siminalayi Fubara has moved to the Court of Appeal in Abuja, reigniting a constitutional debate over executive powers.

The appeal, filed by Abuja-based lawyer Johnmary Jideobi, questions whether the President has the authority under the 1999 Constitution to remove or suspend an elected state governor and appoint a Sole Administrator in his place.

At the heart of the matter is whether Tinubu’s action contravenes sections 1, 5(2), 176, 180, 188, 189, 305 and 306 of the Constitution provisions that define executive authority and the tenure of elected officials.

Jideobi had originally filed the case at the Federal High Court in Abuja, urging the court to refer constitutional questions to the Court of Appeal for interpretation. But in a ruling delivered on July 27, Justice James Omotosho dismissed the application, declaring it lacked merit and infringed on the rights of the Respondents to fair hearing.

Named as respondents are President Tinubu, the Attorney-General of the Federation, Rivers State’s appointed Sole Administrator Vice Admiral Ibok-Ete Ibas (Rtd), and the Rivers State Attorney-General.

In response, the lawyer has approached the appellate court, seeking to overturn the ruling and demanding that the suit be reassigned to a different judge for expedited trial.

Citing Section 295(2) of the Constitution, Jideobi argued that when a party raises a substantial legal question, the lower court is obligated to refer it to the Court of Appeal particularly when a constitutional interpretation is required.

“The trial judge failed to apply Supreme Court precedent. The Constitution mandates that when a party requests a reference on constitutional matters, the court must comply,” the notice of appeal reads.