A civil society organisation, Human Rights Writers Association (HURIWA) of Nigeria, has advised the suspended Rivers State governor Siminilayi Fubara, against submitting to the authority of the state’s sole administrator, retired Vice-Admiral Ibok-Ete Ibas by responding to summons served on him and his deputy for an inquiry scheduled to take place on Good Friday, a national public Holiday already declared by the Federal Government of Nigeria.
In the said summons, Ibas had requested Fubara and his deputy to come and defend why they should be reinstated to office by coming forward with certain documents in respect of their two years in office.
In a press release on Wednesday titled, ‘GOVERNOR FUBARA, RESPECT YOURSELF AND YOUR OFFICE BY NOT SURRENDERING TO THE ILLEGAL SUSPENSION FROM OFFICE’ and
e-signed by Comrade Emmanuel Onwubiko, National Coordinator, HURIWA argued that the suspension from office of the executive governor of Rivers State was already a key matter of determination in a litigation instituted against the Rivers State emergency rule by 11 Governors of the Peoples Democratic Party before the nation’s highest court of law.
The group, therefore, dismissed the position and modus operandi of the “illegal sole administrator as 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 the Rivers State Sole Administrator, had summoned suspended Governor Siminalayi Fubara and his deputy, Dr Ngozi Ordu, to appear before him at the Government House in Port Harcourt.
The said summon was said to be contained in a special announcement issued on Tuesday and signed by the Secretary to the State Government, Prof. Ibibia Lucky Worika.
Worika disclosed that the summons formed part of an official inquiry into appointments made during the Fubara administration over the past two years.
Citing a media report, the Rights group quoted the full statement thus:
“RIVERS GOVERNMENT SPECIAL ANNOUNCEMENT:
“The Sole Administrator, Vice Admiral (Retd.) 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”.
HURIWA which vehemently kicked against “the so-called invitation by the usurper of the Rivers State people’s mandate as military administrator”, cautioned Governor Siminalayi 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 human rights group said it would also mean that the Governor had abdicated the mandate freely donated to him and his deputy by the overwhelming majority of Rivers State voters in the last governorship election.
HURIWA further insisted that the invitation, if honoured, would render the suit a mere academic exercise since it would mean that Governor Fubara had accepted his unconstitutional suspension from office.
Onwubiko contended that the decision by Governor Fubara to honour the illegal summons by Ibas on a Good Friday or indeed on any other day “would be counter productive” given that 11 PDP Governors elected on the same party platform of the Peoples Democratic Party were before the Supreme Court to challenge his suspension.
The plaintiffs in the suit are – Adamawa, Enugu, Osun, Oyo, Bauchi, Akwa Ibom, Plateau, Delta, Taraba, Zamfara, and Bayelsa States.
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 had 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 in Rivers State was 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.