The Federal High Court in Abuja has dismissed a suit seeking to overturn President Bola Tinubu’s suspension of Rivers State Governor Siminalayi Fubara.
Delivering judgment on Thursday, Justice James Omotosho ruled that the Federal High Court lacked jurisdiction to determine the legality of the presidential proclamation of a state of emergency.
He emphasized that only the Supreme Court has the original and exclusive jurisdiction to hear such matters.
“No other courts, except the Supreme Court, can hear a matter relating to a proclamation of emergency,” Justice Omotosho declared.
He explained that any attempt by the Federal High Court to rule on the issue would amount to questioning the validity of the president’s constitutional powers.
According to him, the suit was void from inception and should not have been filed in the Federal High Court.
The judge also held that the plaintiffs lacked locus standi, noting that none of the suspended officials including the governor, his deputy, and members of the Rivers State House of Assembly was a party to the suit.
He stressed that individuals cannot bring a case on behalf of an entire state population.
Going further, Justice Omotosho stated that even if the court had jurisdiction, the evidence before it favored the defendants.
He pointed out that the president acted within the provisions of Section 305 of the Constitution by declaring a state of emergency and appointing Vice Admiral Ibok-Ete Ibas (rtd.) as sole administrator to avert anarchy in Rivers State.
“The president has duly exercised his power by appointing the sole administrator for Rivers in accordance with Section 305,” he ruled.
The plaintiffs, led by Belema Briggs, had asked the court to declare Tinubu’s actions illegal and unconstitutional.
They sought an order nullifying Fubara’s suspension and prohibiting Ibas from exercising the powers of a governor.
However, Justice Omotosho concluded that the suit had no merit. “Consequently, this suit is dismissed in its entirety,” he held.
The judgment reaffirms the president’s constitutional authority in times of crisis, while also underscoring the Supreme Court’s exclusive role in disputes over emergency declarations.
