ABUJA: Justice James Omotosho of the Federal High Court has thrown out a lawsuit challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State.
The case was brought by Belema Briggs and four others, who sought judicial scrutiny of the emergency rule. However, the court held that the plaintiffs lacked legal standing to bring the suit. Justice Omotosho explained that only the Supreme Court can adjudicate such matters.
Key points from the ruling:
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None of the plaintiffs were members of the State Executive Committee or the Rivers State House of Assembly, and none claimed a distinct, individualized harm.
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No plaintiff obtained approval from the state’s Attorney General before filing, which the judge said was a procedural flaw.
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The President’s rationale that the emergency was necessary to prevent a breakdown in law and order went unchallenged by the court.
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The judge added that accusations of fundamental rights violations could not succeed because Tinubu acted under an authorized Emergency Rule Order.
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The suit was dismissed as frivolous and baseless, partly because the plaintiffs did not show that they had the backing or consent of Rivers citizens.
Recall that President Tinubu first imposed the emergency in March, suspending Governor Fubara, his deputy, and the State Assembly. He later appointed retired Vice Admiral Ibokette Ibas as Administrator of Rivers.
Upon improvements in political stability, Tinubu revoked the emergency on September 17. The following day, Fubara, his deputy, and Rivers Assembly members resumed their duties amid public support and protests for the return of democratic governance.
