Court dismisses suit against Rivers emergency rule

Justice James Omotosho of the Federal High Court in Abuja has dismissed a lawsuit challenging the declaration of a state of emergency in Rivers State

The suit, filed by Belema Briggs and four others, sought to question President Bola Tinubu’s decision to impose the emergency.

Justice Omotosho ruled that the plaintiffs lacked the legal standing to bring the case, explaining that such matters fall within the jurisdiction of the Supreme Court.

The court noted that none of the plaintiffs were members of the State Executive Committee, the House of Assembly, or had suffered any direct injury. Furthermore, none had obtained approval from the state’s Attorney General to file the suit.

Justice Omotosho also affirmed the President’s justification for the emergency, citing the need to prevent a breakdown of law and order, and stated that allegations of fundamental rights violations could not succeed because the President acted under the Emergency Rule Order.

Describing the case as frivolous and baseless, the court added that the plaintiffs had not secured the consent of Rivers State citizens before filing.

President Tinubu declared the emergency in March, suspending Governor Siminal Fubara, his deputy, and all members of the State House of Assembly. Retired Vice Admiral Ibokette Ibas was appointed Administrator to oversee the state.

The emergency was implemented due to rising political instability and attacks on oil infrastructure, with the goal of maintaining law, order, and economic stability. It was lifted on September 17, after which Governor Fubara, his deputy, and the Assembly members resumed their duties to public support.

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