Federal High Court Dismisses Suit Challenging Rivers State Emergency Rule, Cites Lack of Jurisdiction

Federal High Court Dismisses Suit Challenging Rivers State Emergency Rule, Cites Lack of Jurisdiction A Federal High Court in Abuja has struck out a suit seeking to invalidate the state of emergency declared in Rivers State, citing lack of jurisdiction to hear the matter. Justice James Omotosho, delivering judgment on Thursday, ruled that the Federal High Court does not have the constitutional authority to determine the validity of a presidential proclamation of emergency. According to him, only the Supreme Court is empowered under Section 305 of the 1999 Constitution to adjudicate such disputes. The suit, instituted by Belema Briggs and four others, challenged President Bola Ahmed Tinubu’s March 18, 2025 decision to impose emergency rule on Rivers State. The plaintiffs had asked the court to nullify the suspension of Governor Siminalayi Fubara, his deputy, and members of the state House of Assembly, describing the action as unconstitutional and unlawful. However, Justice Omotosho dismissed the case on procedural grounds. He pointed out that the suspended officials were not parties to the suit and questioned the legal standing of the claimants, stating that private citizens cannot assume the role of representing an entire state without sufficient legal basis. He stressed that entertaining the matter would require pronouncing on the constitutionality of the presidential proclamation, which falls solely within the Supreme Court’s jurisdiction. The emergency rule, announced by President Tinubu on March 18, 2025, came after heightened political tensions and security concerns in the oil-rich state. The move saw Governor Fubara, his deputy, and state lawmakers suspended from office for six months, with retired Chief of Naval Staff, Vice Admiral Ibok-Ete Ibas, appointed as sole administrator. The decision sparked controversy nationwide, with critics accusing the presidency of undermining democracy, while supporters insisted it was necessary to prevent anarchy and restore order amid the worsening political crisis in the state. On September 17, 2025, President Tinubu lifted the emergency rule, citing improved security and relative political calm. The suspended officials were directed to resume office on September 18. Thursday’s judgment effectively closes the case at the Federal High Court level, though analysts say the plaintiffs could escalate the matter to the Supreme Court if they wish to pursue the constitutional questions raised. Legal experts have also noted that with the emergency period now concluded, any further challenge may face hurdles of relevance and practicality. Despite the lifting of emergency rule, political watchers caution that the underlying rivalry between the governor and the state legislature remains unresolved, leaving Rivers State’s political climate fragile.