Court Dismisses Suit Challenging Tinubu’s Rivers State Emergency Rule

Justice James Omotosho of the Federal High Court in Abuja has dismissed a suit filed against President Bola Tinubu’s proclamation of emergency rule in Rivers State.

The case, brought by Belema Briggs and four others, sought to challenge the legality of the declaration. However, Justice Omotosho ruled that the plaintiffs lacked the legal standing to institute the case, explaining that only the Supreme Court has the jurisdiction to determine such a matter.

He noted that none of the plaintiffs were members of the State Executive Committee, the House of Assembly, or had suffered any specific injury, and that they also lacked the Attorney General’s approval to proceed.

The judge upheld the President’s position, stating that Tinubu’s claim that the emergency was necessary to prevent a breakdown of law and order was “undisputed.” He added that allegations of fundamental rights violations could not stand since the President acted within the framework of the Emergency Rule Order. Omotosho concluded that the case was frivolous and baseless, stressing that the plaintiffs did not obtain the consent of Rivers citizens before filing.

President Tinubu declared the state of emergency in March, suspending Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly. He appointed retired Vice Admiral Ibok-Ete Ibas as Administrator to oversee the state, citing political instability and attacks on oil infrastructure as reasons for the move.

The emergency was lifted on September 17 after the federal government reported restored political cooperation and improved security. Fubara, his deputy, and Assembly members resumed their duties the following day, greeted by jubilant supporters.