Justice James Omotosho of the Federal High Court in Abuja has dismissed a suit filed against President Bola Tinubu challenging the March 18, 2025, Proclamation of State of Emergency in Rivers State.
The declaration of the state of emergency by President Tinubu led to the suspension of the Rivers State Governor, Siminalayi Fubara, and members of the Rivers State House of Assembly for six months.
It also led to the appointment of the Administrator who took charge of running the affairs for the period.
Delivering judgment in a suit filed by Belema Briggs and four others against the emergency rule, Justice Omotosho held that the five plaintiffs lacked the legal power to Institute the case.
Justice Omotosho submitted that such a case as constituted can only be determined by the Supreme Court.
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 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.
Justice Omotosho said that the claim of President Tinubu that he imposed a state of emergency to avoid a looming breakdown of law and order was not challenged or disputed by the plaintiffs.
The claim of breach of fundamental rights by the plaintiffs against President Tinubu did not hold water because the appropriate law on the Emergency Rule Order was invoked by Tinubu to save an unpleasant situation.
Justice Omotosho said the case was frivolous and baseless because the mandate of other people from Rivers was not obtained before instituting it on their behalf.
