By our reporter
The recent suspension from office of Rivers State governor, Sim Fubara, by President Bola Tinubu, imposition of emergency rule and appointment of former Naval Chief, Vice Admiral Ibok-Ete Ibas (rtd) as Sole Administrator of the oil-rich Niger Delta State, have continued to generate different strands to the controversy.
In the latest development, following a purported summons to Fubara by the Sole Administrator for the former to appear at Government House,Port Harcourt on Friday, April 18, a rights group, Human Rights Writers Association of Nigeria (HURIWA) has requested the governor not to honour the summons.
Contending that the suspension from office of the governor is already a key matter for determination in a litigation instituted against the Rivers state emergency rule by 11 Governors of the Peoples Democratic Party (PDP) before the nation’s highest court of law, the civil society organisation urged Fubara not to submit to the authority of the military Sole Administrator by responding to the summons.
Aside pointing out that the particular Friday is a Good Friday, which is a national public holiday already declared by the Federal Government (FG), HURIWA dismissed the position and modus operandi of what it described as “the illegal sole administrator” as,in its words, being that of “a lawless usurper who has no respect for the Nigerian court system and operates like he is presiding over a Banana Republic.”
HURIWA recalled that a section of the media revealed that Ibas has summoned Fubara and his deputy, Dr Ngozi Ordu, to appear before him at the Government House in Port Harcourt.
The organization said this was contained in a special announcement issued on Tuesday, April 15, and signed by the Secretary to the State Government, Professor Ibibia Lucky Worika.
According to HURIWA, in a press statement signed by its National Coordinator, Comrade Emmanuel Onwubiko, and issued on Wednesday, April 16, Worika disclosed that the summons forms part of an official inquiry into appointments made during the Fubara administration over the past two years.
Reported Details Of Summons To Fubara
Citing a media report, the rights group quoted the full statement thus: ‘Rivers State Government Special Announcement:
‘The Sole Administrator, Vice Admiral (Rtd.) Ibok-Ete Ekwe Ibas, CFR, has formally summoned the suspended Governor of Rivers State, Sir Siminialayi Fubara, and his Deputy, Dr. Ngozi Ordu, to appear before him for an inquiry into the appointments made under their administration over the past two years.
‘Sir Fubara is directed to present all relevant documents and records pertaining to appointments, including justifications and procedures followed during his tenure. The session will also serve as an opportunity for the suspended Governor to provide a clear and detailed explanation as to why he believes he should be reinstated to office.
‘Both parties are expected to appear in person as follows: Date: Friday, 18th April, 2025
‘Time: 10:00am Prompt
‘Venue: Conference Room, Rivers State Government House, Port Harcourt.’
Apparently riled by this, HURIWA, which vehemently kicked against the so-called invitation, cautioned Gov. Fubara against “dignifying his illegal summons with a physical presence or even a response based on the fact that the illegal suspension from office of the sitting governor constituted the kernel of the suit filed before the nation’s apex court.”
The rights group said the invitation, if honoured, would render the suit a mere academic exercise since it would mean that Gov. Fubara has “accepted his unconstitutional suspension from office.”
The statement read: “HURIWA said the decision by Governor Fubara to honour the illegal summons by Vice Admiral Ibok Ete-Ibas on a Good Friday or indeed on any other day is counter productive given that 11 PDP Governors elected on the same party platform of the Peoples Democratic Party are before the Supreme Court to challenge Fubara’s suspension.
“The plaintiffs in the suit are – Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa states.
Kernel Of PDP Govs’ Suit
“HURIWA recalled that the suit filed by the governors also challenged the declaration of Emergency rule in Rivers State even as
the plaintiffs, who filed the suit through their state Attorney Generals, predicated the summons on Eight grounds.
“They urged the apex court to determine if the president has the power to suspend a democratically elected structure of a state.
“The plaintiffs also asked the court to determine if the way and manner President Bola Tinubu pronounced the state of emergency declaration in Rivers State is not in contravention of the 1999 Constitution.
“They further prayed the court to determine the following: ‘Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 5(2), 176, 180, 188 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend or in any manner whatsoever interfere with the offices of a Governor and the Deputy Governor of any of the component 36 States of the Federation of Nigeria and replace same with his own unelected nominee as a Sole Administrator, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of the State of the Federation, particularly in any of the Plaintiffs’ States?
” ‘Whether upon a proper construction and interpretation of the provisions of Sections 1(2), 4(6), 11(4) & (5), 90, 105 and 305 of the Constitution of the Federal Republic of Nigeria 1999, the President of the Federal Republic of Nigeria can lawfully suspend the House of Assembly of any of the component 36 States of the Federation of Nigeria, under the guise of, or pursuant to, a Proclamation of a State of Emergency in any of such States, particularly in any of the Plaintiffs’ States?
” ‘Whether the consequent threat by the first Defendant acting on behalf of the President to the States of the Federation, including the Plaintiffs’ States, to the effect that the offices of the Governor and Deputy Governor of the States can be suspended by the President by virtue of a Proclamation of a State of Emergency, is not in contravention of the provisions of Sections 1(2), 4(6), 5(2), 11(2) and (3) of the Constitution of the Federal Republic of Nigeria 1999 and inconsistent with the principles of constitutional federalism?’ “
“Meanwhile, the respondents in the suit are to within 14 days after the service of the Summons on them inclusive of the day of such service, cause an appearance to be entered for them.”
Warns Fubara To Respect Himself, Office
HURIWA warned Gov. Fubara not to honour any invitation by the Rivers state military administrator “because if he, the Governor, shows up before the military administrator, it would mean that the Governor has abdicated the mandate freely donated to him and his deputy by the overwhelming majority of Rivers state voters in the last Governorship election just as the rights group repeated that Rivers state has only one constitutionally recognised Chief executive officer and Governor in the person of His Excellency Mr. Siminilayi Fubara.”
HURIWA further warned the governor thus: “Governor Fubara, respect yourself and your Office by not surrendering to the illegal suspension from office.”
