The Federal High Court in Abuja has dismissed an application seeking to restrain the National Assembly from approving the 2025 budget for Rivers State under the leadership of the state’s current sole administrator, Ibokette Ibas.
In a ruling delivered on Friday, Justice James Omotosho held that the relief sought by the plaintiffs had already been overtaken by events, as the Senate had passed the controversial budget on June 25.
President Bola Tinubu declared a state of emergency in Rivers State on March 18, suspending Governor Siminalayi Fubara and other elected officials for a period of six months amid a deepening political crisis.
The President subsequently appointed Ibas as the sole administrator to oversee the state’s affairs during the emergency period.
Following the declaration, the National Assembly assumed legislative powers in the state and approved the 2025 budget presented by Ibas, as well as other appointments requiring legislative endorsement.
A group of concerned Rivers indigenes, including the King Regent of Diobu, Oziwe Amba, and civil society group Hope Africa Foundation, approached the court with a motion for an interlocutory injunction.
They asked the court to stop the National Assembly from “further interference, approving, supporting and engaging in any legislative activities, including approving, appointment or budgets of Rivers State Government.”
Their application, dated June 24, is connected to a broader suit filed on June 19, seeking the nullification of the emergency declaration and the appointment of Ibas as sole administrator.
At the July 10 hearing, the plaintiffs’ counsel, Ambrose Owuru, argued that President Tinubu’s emergency declaration lacked constitutional merit.
He said the Senate’s ratification of the proclamation via a voice vote violated Section 305 of the Constitution, which requires a two-thirds majority for such actions.
Owuru further claimed that all subsequent legislative approvals, including the budget, lacked legitimacy.
In defence, counsel to the National Assembly, Mohammed Galadima, maintained that the legislative process followed due procedure. He argued that halting the legislature’s activities at this point would disrupt governance in the state of Rivers.
In his ruling, Justice Omotosho noted that the budget approval being challenged had already taken place. He said, “The court cannot restrain an act that has already been concluded. The passage of the budget occurred on June 25, prior to this motion.”
He added that several issues raised in the motion are part of the substantive suit and would be more appropriately addressed during the main trial.
The court subsequently dismissed the interlocutory application and fixed October 20, 2025, for the hearing of the substantive case challenging the legality of the emergency rule and the sole administrator’s appointment.