From Godwin Tsa Abuja
A Federal High Court in Abuja, has dismissed a suit challenging the constitutionality of the six-month state of emergency declared by President Bola Tinubu in Rivers State, which led to the suspension of Governor Siminalayi Fubara and members of the Rivers State House of Assembly.
President Tinubu had, on March 18, 2025, declared a state of emergency in Rivers State and appointed a sole administrator to pilot the affairs of the state.
However, some aggrieved citizens of the state, led by Mr Belema Briggs, approached the court to challenge its constitutionality.
Delivering his judgment on the case yesterday, Justice James Omotosho dismissed the suit on the grounds that the plaintiffs lacked the locus standi to institute the case against President Tinubu.
According to the court, the plaintiffs, not being the governor of Rivers State, failed to adduce any evidence to establish that they were members of the state’s House of Assembly.
It held that they also failed to show the injury they suffered more than every other indigene of the state.
The judge further held that the plaintiffs were unable to produce any fiat the Attorney General of Rivers State issued to empower them to institute the case.
It further held that the defendants failed to counter President Tinubu’s claim that he imposed the state of emergency to avert the breakdown of law and order in the state.
Justice Omotosho dismissed the plaintiffs’ claim that President Tinubu, by his action, breached their fundamental rights.
The court held that they were unable to prove that the appropriate law was not activated before the emergency rule was imposed on the state by President Tinubu.
Moreover, it stressed that the suit, as constituted, could only be determined by the Supreme Court.
Consequently, Justice Omotosho threw out the case for being frivolous and baseless, insisting that the mandate of other indigenes of Rivers State was not obtained before the plaintiffs filed the suit on their behalf.
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