Justice James Omotosho of the Federal High Court in Abuja has dismissed a suit instituted against President Bola Ahmed Tinubu challenging the March 18, 2025 Proclamation of State of Emergency in Rivers State.
The declaration of the state of emergency by Tinubu led to the suspension of the Rivers State Governor, Siminalayi Fubara and members of the Rivers state House of Assembly for six months.
Delivering judgment in a suit filed by Belema Briggs and four others against the emergency rule, Justice Omotosho held that the five plaintiffs lacked the legal power to Institute the case.
The Judge said that such case as constituted can only be determined by the Supreme Court only.
In the judgment on Thursday, the Court held that none of the five plaintiffs claimed to be members of the State Executive Committee, members of the House of Assembly or suffered any injury greater than the rest people of Rivers state.
The court held that none of the plaintiffs claimed to have the fiat of the Attorney General of the State to initiate the case.
Justice Omotosho said that the claim of President Tinubu that he imposed state of emergency to avoid looming break down of law and order was not challenged or disputed by the plaintiffs.
The court held that the claim of breach of fundamental rights by the plaintiffs by Tinubu did not hold water because the appropriate law on Emergency Rule Order was invoked by Tinubu to save unpleasant situation.
Justice Omotosho said the case was frivolous and baseless because the mandate of other people of Rivers was not obtained before instituting it on their behalf.
