The Federal High Court in Abuja has struck out a case challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State, describing the action as “frivolous and without merit.”
Justice James Omotosho delivered the ruling, stating that the five plaintiffs who filed the suit, led by Belema Briggs, had no legal basis to question the emergency proclamation.
According to the judge, none of the applicants were members of the state’s executive council, legislators in the Assembly, or individuals directly affected by the emergency order.
“The law is clear on who can approach the court in matters of this nature. Since the plaintiffs neither represented the state institutions nor obtained the consent of Rivers’ citizens, they simply lacked the locus standi,” Justice Omotosho ruled.
The court also emphasised that only the Supreme Court has the constitutional jurisdiction to determine disputes relating to a President’s proclamation of emergency.
In addition, it noted that the plaintiffs did not secure approval from the Attorney General of the Federation, a requirement for such legal action.
Justice Omotosho further upheld the President’s justification for the emergency rule, stressing that no evidence had been presented to counter the federal government’s position that the proclamation was necessary to prevent a breakdown of law and order.
He added that claims of fundamental rights violations were unfounded since the President acted in line with the Emergency Powers Act.
“The security of lives, property, and vital infrastructure must always take precedence. The emergency in Rivers was declared to avert chaos, not to suppress democratic freedoms,” the judge remarked.
President Tinubu had declared a state of emergency in March, citing escalating political tensions and attacks on oil facilities that threatened national stability.
As part of the measure, Governor Siminalayi Fubara, his deputy, and all members of the State Assembly were suspended, while retired Vice Admiral Ibokette Ibas was appointed as interim administrator.
The emergency period was marked by protests from citizens demanding a swift return to democratic governance.
However, on September 17, the President lifted the emergency order, noting that political hostilities had reduced and stability was gradually returning.
The suspended officials were reinstated the following day and received a warm reception from their supporters.
Reacting to the court’s ruling, a legal analyst in Port Harcourt, Chinedu Nwosu, told reporters that the judgment was expected. “Cases like this usually fail when those filing them cannot show direct harm. The court simply reinforced that principle today,” he said.
The ruling is likely to close the chapter on legal disputes surrounding the Rivers emergency declaration, though political analysts say the scars from the intervention may continue to influence the state’s politics in the months ahead.