Justice James Omotosho of the Federal High Court in Abuja has dismissed a suit instituted against President Bola Ahmed Tinubu challenging the March 18, 2025 Proclamation of State of Emergency in Rivers State.
The declaration of the state of emergency by Tinubu led to the suspension of the Rivers State Governor, Siminalayi Fubara and members of the Rivers state House of Assembly for six months.
It also led to the appointment of an Administrator who took charge of running the affairs of the state for six months.
Not happy with the emergency rule, a group which claimed to be Concerned Rivers Indigenes led by Belema Briggs had dragged Tinubu and three others before the court challenging the legality of the Presidential action.
Among others, they claimed that as voters, their fundamental rights to enjoy democratic government were taken away from them by Tinubu and that his action amounted to a coup against their people.
They insisted that conditions precedent to warrant declaration of state of emergency were not in Rivers as at March 18 when the proclamation was made.
In the suit marked FHC/ ABJ/ CS/51/2025 filed on their behalf by Dolapo Tella Attoni, the group prayed the court to void the emergency rule, restore the suspended elected officials and also bar the Administrator from acting in place of elected men.
But delivering judgment in the suit by Belema Briggs and the four others, Justice Omotosho held that the five plaintiffs lacked the legal power to Institute the case for so many reasons.
The Judge said that such a case being a dispute between the State and the federal government and as constituted by the plaintiffs, can only be determined by the Supreme Court only.
In the judgment on Thursday, the Court held that none of the five plaintiffs claimed to be members of the State Executive Committee, members of the House of Assembly or suffered any injury greater than the rest people of Rivers State.
Worse still, the court held that none of the plaintiffs claimed to have the fiat of the Attorney General of the State to initiate the case on behalf of the Rivers State.
Besides, Justice Omotosho said that the claim of President Tinubu that he imposed a state of emergency to avoid and prevent the looming break down of law and order was not challenged or disputed by the plaintiffs.
Justice Omotosho held that the claim of breach of fundamental rights by the plaintiffs by Tinubu did not hold water because the appropriate law on Emergency Rule Order was invoked by Tinubu to save unpleasant situation.
Justice Omotosho said the case was frivolous and baseless because the mandate of other people of Rivers was not obtained before instituting it on their behalf.
According to him, only the Supreme Court can determine the validity of the declaration of an emergency rule by the president.
“No other courts, except the Supreme Court, can hear a matter relating to a proclamation of emergency.
“This court is divest of the jurisdiction to hear the validity of the power of the president to declare a state of emergency in Rivers State or suspend the governor, the deputy governor and the state’s house of assembly members,” he said.
The judge, who said that there was no way the matter could be determined by the court without going into the validity of the presidential declaration, said the jurisdiction of the court cannot be activated.
According to him, the void nature of the suit goes beyond the issue of locus standi where this matter has been filed in other courts aside from the Supreme Court.
His words: “The originating process ought not to have been accepted for filing in this court.
The subject matter of this suit is clearly outside the jurisdiction of this court.”
He said the court could not have arrogated power which it did not have to itself adding that the law is settled that where a matter is not within the jurisdiction of a court, it should decline jurisdiction.
Justice Omotosho also held that the plaintiffs lacked the locus standi (legal right) to institute the suit because an individual cannot file a suit which borders on the internet of all the residents of a state and that none of the suspended persons was a party to the suit.
While going into the substantive matter, the judge held that from the findings of the court, there were reasonable grounds for the President to have declared a state of emergency and appointed a sole administrator for Rivers.
He held that the proclamation of the state of emergency and the suspension of the governor and others, were proper and in line with Section 305, of the Emergency Act, having been done to avert anarchy and chaos in the state.
Justice Omotosho stated that the law allows the President to exercise certain powers in the interest of public safety and public order.
“The President has duly exercised his power by appointing the sole administrator for Rivers in accordance with Section 305.”
He held that the issue that the President did not get two third votes of members of the National Assembly cannot be determined through affidavit evidence of the plaintiffs.
Belema Briggs and four other plaintiffs had sued the President; Federal Republic of Nigeria; Rivers Administrator, Vice Admiral Ibok-Ete Ibas (rtd.) and three others.
The plaintiff’s had, among others, sought a declaration that the President did not have the power to have removed Fubara and others.
They also sought a declaration that the President did not have the power to delegate the executive power of the governor to Ibas.
The plaintiffs also sought an order setting aside the suspension of the governor and an order prohibiting Ibas from exercising the executive power of the governor, among others.
