Court Dismisses Suit Challenging Emergency Rule in Rivers, Cites Lack of Jurisdiction
The Federal High Court in Abuja has dismissed a suit challenging the legality of the emergency rule imposed in Rivers State by President Bola Tinubu, ruling that it lacked jurisdiction to entertain the matter.
On March 18, President Tinubu declared a state of emergency in Rivers, suspending Governor Siminalayi Fubara and the state house of assembly for six months. He subsequently appointed retired naval chief, Ibok-Ete Ibas, as the state’s sole administrator. The proclamation was lifted on September 17, with Fubara asked to resume office the following day.
Following the declaration, Belema Briggs and four other plaintiffs filed a suit against Tinubu, Ibas, and the federal government, questioning the legality of the emergency rule.
Delivering judgment on Thursday, Justice James Omotosho held that the court lacked the jurisdiction to determine the validity of the presidential proclamation. He stressed that only the Supreme Court has the authority to adjudicate on the legality of a state of emergency declared by the president.
“No other courts, except the Supreme Court, can hear a matter relating to a proclamation of emergency,” Omotosho ruled.
He further stated that the originating processes filed by the plaintiffs should not have been accepted by the court in the first place, as the matter was outside its jurisdiction.
The judge also ruled that the plaintiffs lacked the locus standi to institute the case, noting that those directly affected by the suspension—the governor, his deputy, and members of the assembly—were not parties to the suit.
Omotosho added that even if the court had jurisdiction, the weight of evidence favored the defendants, as the president acted within the powers granted under Section 305 of the 1999 Constitution to prevent anarchy in the state.
“The president exercised his constitutional powers by appointing a sole administrator for Rivers to avert a breakdown of law and order,” the judge said, before dismissing the case in its entirety.
Meanwhile, in April, 11 Peoples Democratic Party (PDP) governors approached the Supreme Court to challenge the emergency rule in Rivers. That case is still pending.
