Lucky Obukohwo, Reporting
NIGERIA, ABUJA – A Federal High Court sitting in Abuja and presided byJustice James Omotosho has dismissed a suit against President Bola Ahmed Tinubu, challenging the March 18 Proclamation of a State of Emergency in Rivers State, which led to the suspension of the democratic government in the state.
Recall that on Tuesday, March 18, 2025, President Bola Ahmed Tinubu declared a state of emergency in Rivers State following over a year of political turmoil marked by escalating tensions and threats of violence.
In his speech, the President referenced Section 305 of the Constitution of the Federal Republic of Nigeria (as amended) to justify the state of emergency.
Justice Omotosho, in his judgment, held that Belema Briggs and four others who filed the suit lacked the legal power to institute the case.
The judge said that such a case as constituted can only be determined by the Supreme Court.
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In the judgment on Thursday, the court held that none of the five plaintiffs claimed to be members of the State Executive Committee, members of the House of Assembly or suffered any injury greater than the rest of the people of Rivers State.
Worse still, the court held that none of the plaintiffs claimed to have the fiat of the Attorney General of the State to initiate the case.
Besides, Justice Omotosho said that the claim of President Tinubu that he imposed a state of emergency to avoid the looming breakdown of law and order was not challenged or disputed by the plaintiffs.
Justice Omotosho held that the claim of breach of fundamental rights by the plaintiffs by Tinubu did not hold water because the appropriate law on Emergency Rule Order was invoked by Tinubu to save an unpleasant situation.
Omotosho said the case was frivolous and baseless because the mandate of other people of Rivers was not obtained before instituting it on their behalf.