The Federal High Court sitting in Abuja on Thursday dismissed a suit challenging the six-month suspension of Governor Siminalayi Fubara and members of the Rivers State House of Assembly by President Bola Tinubu.
The suspension, announced on March 18 following the declaration of a state of emergency in Rivers State, expired on September 18. During the period, President Tinubu appointed a sole administrator to oversee the affairs of the state.
Dissatisfied, five indigenes of the state, led by Mr. Belema Briggs, approached the court seeking a declaration that the action was illegal and unconstitutional.
However, in his judgment, Justice James Omotosho held that the plaintiffs lacked locus standi (the legal right) to institute the case against the President.
According to the court, the plaintiffs—who were neither the governor nor lawmakers in Rivers State—failed to provide evidence of suffering any injury distinct from that of other indigenes of the state. They also did not present any fiat from the Attorney-General of Rivers State authorising them to file the case.
The court further held that the plaintiffs failed to disprove President Tinubu’s claim that the emergency rule was imposed to avert a breakdown of law and order.
Justice Omotosho also dismissed their argument that the President’s action breached their fundamental rights, noting that they were unable to show that the necessary legal process was not followed before the state of emergency was declared.
The judge emphasised that only the Supreme Court has jurisdiction to determine the constitutionality of the emergency rule.
Consequently, the suit was thrown out as frivolous and baseless, with the court stressing that the plaintiffs lacked the mandate of other indigenes of Rivers State to act on their behalf.