A Federal High Court in Abuja has dismissed a suit seeking to overturn President Bola Ahmed Tinubu’s March 18 proclamation of a state of emergency in Rivers State.
Justice James Omotosho ruled on Thursday that the five plaintiffs who brought the case lacked the legal authority to challenge the presidential order, which suspended Governor Siminalayi Fubara, members of the Rivers State House of Assembly, and installed an interim administrator for six months.
The judge held that only the Supreme Court has the constitutional jurisdiction to determine such disputes and faulted the plaintiffs for failing to establish sufficient legal standing. None of them, he noted, were members of the state executive, the legislature, or parties directly affected by the proclamation.
Justice Omotosho also emphasised that the plaintiffs did not secure the approval of the Rivers State Attorney-General before initiating the case. He further ruled that Tinubu’s justification—that the emergency rule was imposed to avert a breakdown of law and order—was never challenged by the applicants.
On claims of breached fundamental rights, the court concluded that the president acted within the provisions of the law governing emergency powers, and therefore no violation had occurred.
Declaring the suit “frivolous and baseless,” Justice Omotosho struck it out, stressing that the plaintiffs could not purport to act on behalf of Rivers people without a mandate.
The judgment marks a significant win for the presidency, as political tensions in Rivers State continue to generate national attention.
