The Federal High Court, Abuja, presided over by Justice James Omotosho, on Thursday threw out a suit instituted against President Bola Tinubu challenging the March 18, 2025, emergency rule declaration in Rivers State.
Justice Omotosho while delivering judgment in the suit filed by Belema Briggs and four others against the declaration, held that the five plaintiffs lacked the legal power to institute the case.
Recall that president Tinubu, had in March, declared a state of emergency in Rivers State and suspended the Rivers State Governor, Siminalayi Fubara, deputy, Ngozi Odu, and members of the Rivers State House of Assembly for six months.
Following the suspension, Tinubu appointed a sole administrator who took charge of running the affairs of the state for the period.
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Aggrieved by the president’s actions, the plaintiffs dragged him to court.
The defendants in the suit sued the president; the Federal Republic of Nigeria; the Rivers State Administrator, Vice Admiral Ibok-Ete Ibas (retd.); and three others.
The plaintiffs had, among other reliefs, sought a declaration that the president lacked the power to suspend Fubara and others.
They also sought a declaration that the president lacked the power to delegate the executive powers of the state to Ibas.
They argued, “That the proclamation is illegal and a breach of the Constitution.”
The plaintiffs further sought an order setting aside the suspension of the governor and an order prohibiting Ibas from exercising the executive powers of the governor, among others.
On September 18, 2025, the president announced the end of the emergency rule.
He also disclosed in a statement that over 40 lawsuits had been filed to challenge the declaration in the state, the most notable being the opposition Peoples Democratic Party’s suit before the Supreme Court.
Justice Omotosho held that the claim that Tinubu imposed the state of emergency to avert a looming breakdown of law and order was neither challenged nor disputed by the plaintiffs.
Justice Omotosho ruled that the plaintiffs’ contention of breach of fundamental rights by the President did not hold water because the appropriate law on emergency rule was invoked by Tinubu to prevent an unpleasant situation.
“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,” Justice Omotosho stated, just as he also added that the court could not arrogate to itself powers it did not have.
“The law is settled that where a matter is not within the jurisdiction of a court, it should decline jurisdiction,” he said, adding that an individual could not bring a suit on behalf of all the residents of a state.
While observing that none of the suspended persons was a party to the suit., Omotosho described the case as frivolous and baseless, stating that the mandate of the people of Rivers State was not obtained before it was instituted on their behalf.
He further held that none of the five plaintiffs claimed to be members of the State Executive Committee, members of the House of Assembly, or to have suffered any injury greater than that of the general populace of Rivers State.
The court also noted that none of the plaintiffs claimed to have obtained the fiat of the Attorney General of the state to initiate the case.
He described the case as frivolous and baseless, stating that the mandate of the people of Rivers State was not obtained before it was instituted on their behalf.
