Justice James Omotosho of the Federal High Court, Abuja, has dismissed a case filed against President Bola Ahmed Tinubu over the March 18, 2025, proclamation of a state of emergency in Rivers State.
Tinubu’s declaration had resulted in the suspension of Governor Siminalayi Fubara and the State House of Assembly for six months, while an administrator was appointed to oversee the state during the period.
The suit was filed by Belema Briggs and four others, who sought to challenge the legality of the emergency rule. However, Justice Omotosho ruled on Thursday that the plaintiffs lacked the legal standing to institute the action.
According to the court, only the Supreme Court is empowered to determine such disputes, and none of the plaintiffs could establish that they were directly affected beyond the general public. The judge also noted that they were neither members of the Rivers Executive Council nor the State Assembly and did not possess the Attorney General’s authorization to act on behalf of the state.
Furthermore, the court observed that President Tinubu’s justification that the emergency was declared to prevent an imminent breakdown of law and order was not challenged by the plaintiffs.
Justice Omotosho concluded that the claims of breach of fundamental rights lacked merit, stressing that Tinubu acted within the law to safeguard peace and order. He described the suit as frivolous and without substance, noting that the plaintiffs had no mandate from the people of Rivers State to litigate on their behalf.
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