By Abiola Olawale
The Federal High Court in Abuja has dismissed a lawsuit against President Bola Tinubu’s declaration of a state of emergency in Rivers State.
The court ruled that it lacked jurisdiction to entertain the suit, dealing a significant blow to challengers who argued the move violated fundamental rights and constitutional norms.
The presiding judge, Justice James Omotosho, delivering the judgment on Thursday, held that the plaintiffs—led by Belema Briggs and four others—lacked the legal standing, or locus standi, to institute the case.
He emphasized that none of the five plaintiffs claimed membership in the Rivers State Executive Committee, the House of Assembly, or demonstrated any personal injury beyond that suffered by the general populace.
Furthermore, the judge clarified that challenges to the validity of a presidential emergency declaration fall exclusively under the Supreme Court’s original jurisdiction, as per Section 232(1) of the 1999 Constitution (as amended).
Omotosho ruled: “No other courts, except the Supreme Court, can hear a matter relating to a proclamation of emergency.
“This court is divested 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.
“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.
“The law is settled that where a matter is not within the jurisdiction of a court, it should decline jurisdiction.”
Recall that on March 18, Tinubu declared emergency rule in Rivers and suspended Siminalayi Fubara, governor of the state, and Rivers House of Assembly for a period of six months.
The president immediately appointed Ibok-Ete Ibas, a retired naval chief, as the state’s sole administrator.
On September 17, the president ended the emergency rule, paving the way for Fubara to resume.
