Justice James Omotosho of the Federal High Court in Abuja has dismissed a suit filed against President Bola Tinubu over his March 18 proclamation of a state of emergency in Rivers State.
The emergency declaration led to the six-month suspension of Governor Siminalayi Fubara and members of the Rivers State House of Assembly, with retired Vice Admiral Ibok-Ete Ibas appointed as Sole Administrator.
The suit, filed by Belema Briggs and four others, sought a judicial interpretation of Sections 1, 4, 5, 11, 180, 188, and 305 of the 1999 Constitution to determine whether President Tinubu had the authority to suspend a democratically elected government.
The plaintiffs argued that the removal of the governor, deputy governor, and legislators, as well as the appointment of a Sole Administrator, was unconstitutional.
They also cited Article 13 of the African Charter on Human and Peoples’ Rights, which guarantees citizens the right to participate in governance.
Delivering judgment on Thursday, Justice Omotosho held that the plaintiffs lacked the legal capacity to challenge the presidential action. He stated that such matters fall within the exclusive jurisdiction of the Supreme Court, not the Federal High Court.
The judge noted that none of the plaintiffs were members of the state executive, lawmakers, or individuals who suffered a specific injury distinct from other residents. He also pointed out that the plaintiffs did not have the authorization of the Rivers State Attorney General to file the suit.
