Court Throws Out Suit Challenging Rivers 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 by Tinubu had led to the suspension of Governor Siminalayi Fubara and members of the Rivers State House of Assembly for six months, during which a Sole Administrator was appointed to run the state.

Delivering judgment on Thursday in the case brought by Belema Briggs and four others, Justice Omotosho held that the plaintiffs lacked the legal capacity to challenge the presidential action.

He also ruled that such matters can only be determined by the Supreme Court, not the Federal High Court.

The plaintiffs had sought a judicial interpretation of key provisions of the 1999 Constitution, including Sections 1, 4, 5, 11, 180, 188, and 305, to determine whether President Tinubu had the authority to suspend a democratically elected government.

They argued that the removal of the governor, deputy governor, and legislators, and the appointment of retired Vice Admiral Ibok-Ete Ibas as Sole Administrator, amounted to an unconstitutional takeover of a state government.

They further contended that such action violated not only the Constitution but also Article 13 of the African Charter on Human and Peoples’ Rights, which guarantees citizens the right to participate in their government.

However, Justice Omotosho held that none of the plaintiffs showed they were members of the state executive, lawmakers, or persons who suffered a specific injury greater than other residents of Rivers State.

He further noted that the plaintiffs did not have the authorization of the Rivers State Attorney General to institute the suit.

Justice Omotosho also pointed out that the plaintiffs failed to contest President Tinubu’s claim that the state of emergency was imposed to avert a looming breakdown of law and order.

On the alleged breach of fundamental rights, the court held that President Tinubu acted within the provisions of the law on emergency powers and that the proclamation was a lawful step to stabilize the situation in the state.

The judge therefore described the suit as frivolous, baseless, and improperly filed on behalf of the people of Rivers without their mandate, and dismissed it accordingly.