Lawyer Battles Judge Over Refusal to Refer Fubara’s Suspension Suit to Appeal Court
A legal faceoff has erupted following the refusal of the Federal High Court in Abuja to transfer a constitutional suit challenging the suspension of Rivers State Governor Siminalayi Fubara and other elected officials to the Court of Appeal.
Lawyer Johnmary Jideobi, who filed the suit, has appealed the decision of Justice James Omotosho, who on July 17 dismissed his ex-parte application seeking a constitutional referral to the appellate court for expedited determination.
Mr. Jideobi’s suit challenges the controversial March 18 suspension of Governor Fubara, his deputy, and the Rivers State House of Assembly by President Bola Tinubu under an emergency rule.
The lawyer seeks the immediate reinstatement of the affected officials, calling the president’s action unconstitutional.
Frustrated by what he described as the sluggish pace of proceedings, Jideobi had filed a formal request for the Federal High Court to refer the constitutional questions raised in the case directly to the Court of Appeal for a swift resolution. But Justice Omotosho ruled the application lacked merit, was incompetent, and violated the rights of the respondents by denying them a fair hearing.
Joined in the suit as respondents are President Tinubu, the Attorney-General of the Federation (AGF), the Sole Administrator of Rivers State, retired Vice Admiral Ibok-Ete Ibas, and the Attorney-General of Rivers State.
In a notice of appeal now filed, Mr. Jideobi is seeking an appellate directive compelling the lower court to forward the constitutional questions raised to the Court of Appeal as required under Section 295(2) of the 1999 Constitution. He also wants the Chief Judge of the Federal High Court to reassign the matter to another judge for accelerated hearing.
According to Jideobi, the trial court had no legal discretion to deny the referral once a party to the suit invoked the constitutional provision.
Citing several Supreme Court precedents, he argued, “While the court may have discretion when making such a referral on its own initiative, the moment a party requests the referral of a substantial constitutional question, the court is under a mandatory duty to comply.”
The appeal is expected to test the interpretation of constitutional provisions governing emergency powers and the rights of elected officials in Nigeria’s evolving legal landscape.
