Justice James Omotosho of the Federal High Court in Abuja has dismissed a lawsuit challenging President Bola Ahmed Tinubu’s March 18, 2025, proclamation of a state of emergency in Rivers State, which led to the suspension of Governor Siminalayi Fubara and members of the Rivers State House of Assembly for six months.
The suit, filed by a group identifying as Concerned Rivers Indigenes, led by Belema Briggs, contested the legality of the emergency rule and the appointment of Vice Admiral Ibok-Ete Ibas (rtd.) as the state’s administrator. The plaintiffs, represented by counsel Dolapo Tella Attoni, argued that the emergency declaration violated their fundamental rights as voters to enjoy democratic governance, describing Tinubu’s action as a “coup” against the people of Rivers State. They further claimed that the conditions warranting a state of emergency were not present at the time of the proclamation.
In the suit marked FHC/ABJ/CS/51/2025, the plaintiffs sought to void the emergency rule, reinstate the suspended elected officials, and bar the appointed administrator from acting in their place.
Delivering judgment on Thursday, Justice Omotosho dismissed the suit, ruling that the plaintiffs lacked the legal standing to institute the case. He noted that none of the five plaintiffs were members of the State Executive Committee, the House of Assembly, or had suffered any injury greater than other Rivers State residents. Additionally, they failed to secure the fiat of the state’s Attorney General to file the suit on behalf of Rivers State.
The court further held that only the Supreme Court has jurisdiction to determine disputes between the state and federal government, including the validity of a presidential declaration of a state of emergency. “No other courts, except the Supreme Court, can hear a matter relating to a proclamation of emergency,” Justice Omotosho stated, adding that the Federal High Court lacked jurisdiction to entertain the case.
Justice Omotosho also found that the plaintiffs did not dispute Tinubu’s claim that the emergency was declared to prevent a breakdown of law and order. He ruled that the proclamation and the suspension of the governor and assembly members were lawful under Section 305 of the Emergency Act, as they were aimed at averting anarchy and chaos in Rivers State. The appointment of the administrator was also deemed proper and in line with the law.
The judge described the suit as “frivolous and baseless,” noting that it was filed without the mandate of the broader Rivers State populace and that the suspended officials were not parties to the case. He further clarified that the claim regarding the lack of a two-thirds vote by the National Assembly could not be determined through the plaintiffs’ affidavit evidence.
The plaintiffs had sought declarations that Tinubu lacked the authority to suspend Governor Fubara and delegate executive powers to the administrator, alongside other reliefs, all of which were dismissed by the court.
This ruling reaffirms the legal boundaries of challenging presidential actions on emergency declarations and underscores the Supreme Court’s exclusive jurisdiction in such matters.
