A Nigerian court has postponed two high-profile legal challenges until October 2025, marking a pivotal moment in a dispute over the constitutional limits of presidential power during states of emergency. The Federal High Court in Port Harcourt delayed proceedings to give President Bola Tinubu, the Attorney General of the Federation, and Rivers State’s Sole Administrator time to respond to a lawsuit questioning the legitimacy of emergency measures imposed on the oil-rich southern state.
The suits, filed by the civil society group Initiative for Freedom, Conflict Prevention and Social Integration, center on Tinubu’s May 2025 declaration of a state of emergency in Rivers State—a move critics argue bypassed constitutional safeguards. The first case contests the legality of appointing retired Vice Admiral Ibok-Ete Ibas as Sole Administrator, effectively replacing the elected governor. The second challenges the National Assembly’s decision to ratify Ibas’s role and approve Rivers’ 2025 budget under emergency governance.
During Monday’s hearing, presidential counsel Hilton Urbah secured additional time to file responses despite objections from the plaintiffs’ legal team. In the parallel case, Justice Muhammad Turaki ordered proper notification of the National Assembly, which had not yet formally engaged with the court. Both matters were deferred to October 13, 2025, for potential resolution.
Carlis Evans, director of the nonprofit behind the suits, told reporters the group seeks clarity on whether Tinubu overstepped legal boundaries. “This is about judicial interpretation of emergency powers,” Evans said, referencing Section 179 of Nigeria’s constitution, which outlines gubernatorial succession protocols. The provision does not explicitly authorize presidential appointment of state administrators during crises—a gap at the heart of the dispute.
The cases highlight deepening tensions between federal authorities and civil society over crisis governance protocols. Legal experts note the outcome could redefine the balance of power during emergencies, particularly regarding legislative oversight. The National Assembly’s absence from initial hearings has drawn scrutiny, with plaintiffs arguing lawmakers improperly delegated budget approval authority to an emergency committee.
Political analysts suggest the extended timeline—nearly 16 months until the next hearing—reflects the case’s complexity and potential ramifications. Rivers State, Nigeria’s oil-production hub, has experienced prolonged political turbulence, including disputes between Tinubu’s administration and local leaders. The prolonged legal battle leaves Ibas temporarily overseeing a state accounting for nearly 30% of national oil output, according to Central Bank figures.
While Nigeria’s constitution permits temporary federal intervention during crises, critics argue such measures risk undermining democratic norms if unchecked. The court’s eventual ruling is expected to set precedent for emergency governance across the country’s 36 states.
