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Justice James Omotosho of the Federal High Court in Abuja on Thursday dismissed a suit brought against President Bola Ahmed Tinubu, which challenged the March 18, 2025, proclamation of a state of emergency in Rivers State.
Tinubu’s declaration of a state of emergency resulted in the suspension of Rivers State Governor, Siminalayi Fubara, and members of the Rivers State House of Assembly for a period of six months. A Sole Administrator was subsequently appointed to oversee the state's governance during that time.
Delivering his judgment in the case filed by Belema Briggs and four other individuals who opposed the emergency rule, Justice Omotosho ruled that the five plaintiffs lacked the legal authority to initiate the lawsuit.
The Judge stated that a matter of such nature, as filed, can only be determined by the Supreme Court.
In his judgment, Justice Omotosho noted that none of the five plaintiffs identified themselves as members of the State Executive Committee, the House of Assembly, or demonstrated that they had suffered harm greater than that experienced by the general population of Rivers State.
Even more critically, the court noted that none of the plaintiffs claimed to possess the authorisation (fiat) of the State Attorney General to bring the case to court.
Additionally, Justice Omotosho observed that President Tinubu’s justification for declaring the state of emergency — to prevent an imminent breakdown of law and order — was neither contested nor disproven by the plaintiffs.
The Judge concluded that the plaintiffs’ argument, alleging that Tinubu violated their fundamental rights, was unfounded, as the proper legal framework for issuing an emergency order had been applied to prevent a worsening situation.
Justice Omotosho described the case as frivolous and lacking merit, adding that the plaintiffs did not seek the consent or mandate of the people of Rivers State before filing the suit on their behalf.

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