A Federal High Court in Abuja has fixed March 9, 2026, to deliver judgment in a suit questioning the powers of President Bola Ahmed Tinubu to remove elected state officials under a state of emergency.
Naijaonpoint reports that the case comes after arguments were taken on January 16, 2026, during the adoption of court processes by lawyers to all parties.
The legal exchanges reopened a constitutional issue over how far presidential powers can go during emergency situations.
The suit was filed by the Civil Society Observatory for Constitutional and Legal Compliance.
The group is challenging steps taken by the President after declaring a state of emergency in Rivers State last year.
It holds that while the Constitution allows the President to declare an emergency under Section 305, it does not permit the suspension or removal of elected governors, lawmakers, or the appointment of an interim administrator.
In his remarks, Justice James Omotosho pointed out that the matter closely resembles earlier cases he had dismissed.
He said those cases failed due to jurisdiction problems linked to the Emergency Powers (Jurisdiction) Act of 1962.
The judge also referred to a Supreme Court ruling delivered on December 15, 2025, which threw out a related case based on procedural issues.
Counsel to the plaintiff, Nnamdi Nwokocha-Ahaaiwe, admitted that similar cases had been decided in the past but argued that the decisions were wrong.
He maintained that the 1962 Emergency Powers Act is no longer in force and was intentionally excluded from existing laws before the 1999 Constitution began.
He further argued that a presidential order issued in 2025 to alter that law has no legal foundation and cannot stand under the Constitution.
On the other side, lawyers representing the first five defendants, including the President and the Attorney-General of the Federation, relied on the same 1962 law and the presidential modification order.
They argued that only the Supreme Court has the power to hear such a case and asked the court to strike it out.
The plaintiffs are asking for 26 reliefs.
Among them is a request for a declaration that Rivers State cannot be run by an appointed administrator, retired Vice Admiral Ibok-Ete Ekwe Ibas, outside what the Constitution allows.
Justice Omotosho has fixed March 9, 2026, to give his decision.