Court Dismisses Suit Challenging Rivers State Emergency Rule

The Federal High Court in Abuja has dismissed a suit challenging the proclamation of a state of emergency in Rivers State by President Bola Tinubu.

The suit, filed by Belema Briggs and four others, sought to nullify the President’s decision on the grounds that it was unconstitutional.

Delivering judgment, Justice James Omotosho held that the plaintiffs lacked the legal standing to institute the case. He explained that only the Supreme Court has the jurisdiction to entertain such a matter, particularly as it concerns a constitutional question involving the President and a state.

The court further noted that none of the plaintiffs demonstrated a direct legal interest, membership of the Rivers State Executive Committee, or the House of Assembly, nor did they show that they had suffered any peculiar injury arising from the proclamation. Justice Omotosho also pointed out that the plaintiffs did not obtain the consent of the Attorney General of the Federation before approaching the court, as required by law in such matters.

The judge upheld the President’s claim that the emergency rule was declared to forestall a breakdown of law and order in Rivers State, stressing that the assertion remained undisputed during the proceedings. He added that allegations of breach of fundamental rights could not stand, since the President acted within the scope of the Emergency Rule Order.

The ruling effectively clears the legal hurdles against the President’s proclamation and reaffirms the Federal Government’s position that the emergency was necessary to restore stability in the state.