The Federal High Court in Abuja, on Friday, fixed March 9 for judgment in a fresh suit challenging the legal authority of President Bola Tinubu to remove elected state officials during a state of emergency.
Justice James Omotosho fixed the date after counsel for the plaintiff, Nnamdi Nwokocha-Ahaaiwe, and the defence lawyer adopted their processes and presented their arguments for and against the suit.
The case, filed by the plaintiff, Civil Society Observatory for Constitutional and Legal Compliance (CSOCLC), specifically contests the president’s actions following the declaration of a state of emergency in Rivers last year.
The NGO argued that while the President may declare an emergency under Section 305 of the Constitution, he lacked the power to suspend or remove elected executive and legislative officers and install an interim administrator.
Justice Omotosho, however, noted the similarity of the suit to previous cases he had dismissed, citing jurisdictional issues under the old Emergency Powers (Jurisdiction) Act of 1962.
The judge also referenced a Supreme Court decision from Dec. 15, 2025, which reportedly dismissed a related case on procedural grounds.
But Ahaaiwe acknowledged these previous rulings but insisted they were erroneous.