Court Dismisses Suit Challenging Rivers State Emergency Rule
Justice James Omotosho of the Federal High Court in Abuja has dismissed a suit filed against President Bola Tinubu over his March 18 proclamation of a state of emergency in Rivers State.
The emergency declaration led to the six-month suspension of Governor Siminalayi Fubara and members of the Rivers State House of Assembly, with retired Vice Admiral Ibok-Ete Ibas appointed as Sole Administrator.
The suit, filed by Belema Briggs and four others, sought a judicial interpretation of Sections 1, 4, 5, 11, 180, 188, and 305 of the 1999 Constitution to determine whether President Tinubu had the authority to suspend a democratically elected government.
The plaintiffs argued that the removal of the governor, deputy governor, and legislators, as well as the appointment of a Sole Administrator, was unconstitutional.
They also cited Article 13 of the African Charter on Human and Peoples’ Rights, which guarantees citizens the right to participate in governance.
Delivering judgment on Thursday, Justice Omotosho held that the plaintiffs lacked the legal capacity to challenge the presidential action.
He stated that such matters fall within the exclusive jurisdiction of the Supreme Court, not the Federal High Court.
The judge noted that none of the plaintiffs were members of the state executive, lawmakers, or individuals who suffered a specific injury distinct from other residents.
He also pointed out that the plaintiffs did not have the authorization of the Rivers State Attorney General to file the suit.
Justice Omotosho added that the plaintiffs failed to contest President Tinubu’s claim that the emergency was necessary to prevent a potential breakdown of law and order.
On the alleged violation of fundamental rights, the court held that the president acted within the law, describing the suit as frivolous, baseless, and improperly filed on behalf of the people of Rivers State without their mandate.
The case was therefore dismissed.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
