Justice James Omotosho of the Federal High Court in Abuja has struck out a suit challenging President Bola Tinubu’s proclamation of emergency rule in Rivers State.
The suit, filed by Belema Briggs and four others, sought to contest the legality of the emergency declaration. However, Justice Omotosho ruled that the plaintiffs lacked the legal standing to pursue the case, stressing that only the Supreme Court had the jurisdiction to determine such matters.
According to the judge, none of the plaintiffs were members of the State Executive Committee or the House of Assembly, nor did they prove that they suffered any special injury. He also noted that the plaintiffs had not obtained approval from the Attorney General before filing the case.
Justice Omotosho further held that President Tinubu’s decision to declare the emergency to prevent a breakdown of law and order was not in dispute. Allegations of fundamental rights violations could not stand, the court added, because the President acted under the valid Emergency Rule Order.
Describing the case as frivolous and baseless, the judge concluded that the plaintiffs did not secure the consent of Rivers’ citizens before instituting the suit.
President Tinubu had declared the emergency in March, suspending Governor Siminalayi Fubara, his deputy, and all State Assembly members, while appointing retired Vice Admiral Ibokette Ibas as Administrator. The decision followed rising political instability and attacks on oil infrastructure.
The emergency, aimed at restoring peace and economic stability, ended on September 17 after Tinubu announced that order had been restored. Governor Fubara and other suspended officials resumed duties the following day to cheering supporters.
What you should know
Justice James Omotosho’s ruling reinforces that only the Supreme Court can hear cases concerning a presidential proclamation of emergency.
The Rivers State emergency, declared in March and lifted in September, was one of Nigeria’s most controversial political interventions, sparking protests as citizens demanded a return to democratic governance.
