Justice James Omotosho of the Federal High Court in Abuja has dismissed a suit challenging the declaration of a state of emergency in Rivers State.
The suit, filed by Belema Briggs and four others, sought to contest President Bola Tinubu’s proclamation of the emergency. Justice Omotosho ruled that the plaintiffs lacked the legal standing to bring the case, noting that such matters can only be determined by the Supreme Court.
The court observed that none of the plaintiffs were members of the State Executive Committee, the House of Assembly, or had suffered any personal or unique injury. Additionally, none had obtained the approval of the state’s Attorney General to file the suit.
Justice Omotosho affirmed the President’s justification for the emergency, stating that the need to prevent a breakdown of law and order was undisputed. He added that allegations of breach of fundamental rights could not hold, as the President acted under the relevant Emergency Rule Order.
The court described the case as frivolous and baseless, noting the plaintiffs had not secured the consent of Rivers State citizens before filing.
President Tinubu declared the emergency in March, suspending Governor Siminal Fubara, his deputy, and all members of the State House of Assembly. Retired Vice Admiral Ibokette Ibas was appointed Administrator to oversee the state.
The President cited escalating political instability and attacks on oil infrastructure as reasons for the emergency, aimed at maintaining law, order, and economic stability. The emergency was lifted on September 17 after improvements in political cooperation and security, allowing Governor Fubara, his deputy, and Assembly members to resume duties amid public support.
