The Federal High Court in Abuja has upheld the March 18, 2025, declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, dismissing a suit filed against the action as lacking merit.
Justice James Omotosho, in a ruling on Thursday, threw out the case instituted by Belema Briggs and four others who sought to invalidate Tinubu’s proclamation. The declaration, which sparked intense political debate, had suspended Governor Siminalayi Fubara and members of the Rivers State House of Assembly for six months, while an interim administrator was appointed to oversee the state’s affairs.
In his judgment, Justice Omotosho ruled that the plaintiffs lacked the legal standing to file the suit, stressing that only the Supreme Court has the constitutional jurisdiction to entertain such disputes. He noted that none of the five plaintiffs claimed to be members of the state’s executive council, the House of Assembly, or demonstrated any injury beyond what the general population of Rivers State experienced.
The Court further held that the plaintiffs had not secured the fiat of the Rivers State Attorney General to institute the action. More importantly, Justice Omotosho pointed out that President Tinubu’s justification—that the emergency rule was necessary to prevent a breakdown of law and order in Rivers State—was neither challenged nor disproved by the applicants.
On the plaintiffs’ claim of a breach of fundamental human rights, the judge stated that the President acted within the framework of the law, invoking the appropriate provisions for emergency powers in the interest of peace and security.
Describing the suit as “frivolous and baseless,” Justice Omotosho said it could not stand since it was filed without the collective mandate of Rivers people on whose behalf it purportedly sought justice.
With the judgment, Tinubu’s controversial proclamation of emergency rule in Rivers State remains intact, marking a legal victory for the presidency amid growing political tension in the state.
