Court Dismisses Suit Challenging Tinubu’s State of Emergency Proclamation in Rivers State
The Federal High Court in Abuja has dismissed a suit filed against President Bola Ahmed Tinubu over his March 18, 2025, proclamation of a state of emergency in Rivers State.
Justice James Omotosho, who delivered the ruling on Thursday, held that the plaintiffs Belema Briggs and four others lacked the legal standing to challenge the emergency declaration. The court ruled that only the Supreme Court has the jurisdiction to hear such a constitutional matter involving the President and a federating unit.
The state of emergency, which was declared following escalating political tensions and security concerns in Rivers, led to the suspension of Governor Siminalayi Fubara and the Rivers State House of Assembly for six months. In their place, the President appointed an administrator to oversee the state's affairs during the emergency period.
In dismissing the suit, Justice Omotosho noted that:
- None of the plaintiffs held positions in the state’s executive council or legislature, nor did they demonstrate suffering any injury greater than other residents of Rivers State.
- The plaintiffs did not have the Attorney General of Rivers State’s authorization (fiat) to file the case, further invalidating their legal capacity.
- The President's justification for declaring the emergency — to prevent a breakdown of law and order was not challenged or refuted by the plaintiffs.
- The claim of breach of fundamental human rights did not apply, as the President acted within his constitutional powers under the Emergency Powers Act to address a pressing security crisis.
Justice Omotosho described the lawsuit as "frivolous and baseless", stating that the plaintiffs acted without the mandate of the people they claimed to represent.
“There is no evidence that the plaintiffs obtained the consent of the people of Rivers State to sue on their behalf. This renders the entire case incompetent,” the judge ruled.
The court's decision effectively upholds the legality of President Tinubu’s emergency proclamation and the interim administrative measures taken in Rivers State.
This judgment sets a significant precedent on who can initiate legal action in cases involving executive emergency powers and underscores the importance of legal standing and proper authorization when challenging constitutional decisions.
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