Justice James Omotosho of the Federal High Court in Abuja has dismissed a suit challenging the Rivers State emergency rule.
The suit, filed by Belema Briggs and four others, sought to challenge President Bola Tinubu’s proclamation of the emergency. Justice Omotosho ruled that the plaintiffs lacked the legal standing to institute the case.
The judge explained that such a case can only be determined by the Supreme Court. None of the plaintiffs claimed membership in the State Executive Committee, the House of Assembly, or suffered a unique injury.
The court also noted that no plaintiff had the Attorney General’s approval to initiate the case.
Justice Omotosho said the President’s claim that the emergency prevented a breakdown of law and order was undisputed.
The judge added that allegations of breach of fundamental rights could not stand because the President acted under the appropriate Emergency Rule Order.
The court concluded the case was frivolous and baseless, noting the plaintiffs did not obtain the consent of Rivers’ citizens before filing.
President Tinubu declared a state of emergency in Rivers State in March. He suspended Governor Fubara, his deputy, and all State Assembly members.
The President appointed retired Vice Admiral Ibokette Ibas as Administrator to oversee the state.
Tinubu cited rising political instability and attacks on oil infrastructure as causes of the emergency. The federal government feared a potential breakdown of law, order, and economic stability.