A Federal High Court, presided over by Justice James Omotosho has delivered judgement in a suit instituted against President Bola Ahmed Tinubu challenging the March 18, 2025 Proclamation of State of Emergency in Rivers State.
The suit was filed by Belema Briggs and four others against the emergency rule.
However, in his judgment on Thursday, Justice Omotosho held that the five plaintiffs lacked the legal power to institute the case.
The Judge went ahead to say that such a case as constituted can only be determined by the Supreme Court.
He 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 of the people of Rivers state.
Worse still, the court held that none of the plaintiffs claimed to have the fiat of the Attorney General of the State to initiate the case.
Besides, Justice Omotosho said that the claim of President Tinubu that he imposed a state of emergency to avoid a looming breakdown of law and order was not challenged or disputed by the plaintiffs.
Justice Omotosho 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 an unpleasant situation.
He then ruled that the case was frivolous and baseless because the mandate of other people of Rivers was not obtained before instituting it on their behalf.
NATIONAL POST recalls that President Bola Tinubu had earlier in the year imposed a state of emergency on the oil rich state.
The development led to the suspension of the Rivers State Governor, Siminalayi Fubara and members of the Rivers state House of Assembly for six months.
It also led to the appointment of the Administrator who took charge of running the affairs for the period.
However, last month, September 18, Fubara was reinstated to office by President Tinubu.
Yesterday, the governor sacked all the commissioners and other appointees in line with the judgement of the Supreme Court.
