A Federal High Court in Abuja has dismissed a lawsuit filed against President Bola Ahmed Tinubu over his proclamation of a state of emergency in Rivers State on March 18, 2025. The court ruled that the plaintiffs lacked the legal standing to challenge the emergency rule.
Justice James Omotosho delivered the judgment on Thursday, rejecting the suit filed by Belema Briggs and four others who had sought to annul the emergency declaration. The emergency rule led to the suspension of Rivers State Governor Siminalayi Fubara and members of the Rivers State House of Assembly for six months. An administrator was appointed to manage the state’s affairs during the emergency period.
The suit was filed shortly after Tinubu’s emergency proclamation, which was justified by the president as necessary to prevent a looming breakdown of law and order in Rivers State. However, the plaintiffs argued that the emergency rule violated their fundamental rights and the democratic process in the state.
Justice Omotosho disagreed, stating that the five plaintiffs who brought the case did not have the legal authority to challenge the emergency declaration. He explained that only certain persons, such as members of the State Executive Committee or the House of Assembly with proper legal backing, could initiate such a case.
“The plaintiffs did not claim to be members of the State Executive Committee or the House of Assembly, nor did they show that they had suffered any injury greater than other residents of Rivers State,” the judge said. “They also failed to present any authorization from the Attorney General of Rivers State to bring the suit.”
The court also noted that the claim by President Tinubu—that the emergency rule was necessary to restore law and order—was not disputed by the plaintiffs in their arguments. This significantly weakened their case.
Justice Omotosho added that the emergency proclamation was made under the appropriate legal framework, citing the relevant Emergency Rule Order invoked by the president to address the critical situation in Rivers State.
“The claim of breach of fundamental rights is unfounded because the president acted within the powers granted by the law to protect the state from disorder,” the judge ruled.
He further described the suit as frivolous and baseless, saying that the plaintiffs did not have a proper mandate from the people of Rivers State to represent their interests in court.
The judge also highlighted that the matter, given its importance, could only be properly determined by the Supreme Court, suggesting that the Federal High Court did not have jurisdiction to hear the case in its current form.
President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State came amid rising political tension and security concerns in the oil-rich region. The emergency proclamation suspended the democratically elected governor, Siminalayi Fubara, and members of the state assembly, sparking controversy and opposition from several political groups and civil society organizations.
The move was seen by supporters as a necessary step to restore peace and prevent the breakdown of law and order in a state plagued by political violence and instability. Critics, however, accused the federal government of overreach and undermining democratic institutions.
Rivers State is one of Nigeria’s key economic hubs, rich in oil and natural resources. Political control of the state has often been fiercely contested, with tensions sometimes escalating into violence.
The emergency rule means that an administrator appointed by the federal government runs the state’s affairs for six months, after which normal democratic governance is expected to resume.
Since the declaration, there have been several legal challenges aimed at reversing the emergency rule, with some groups arguing that it violates the Nigerian Constitution and the rights of the people of Rivers State.
However, the court’s ruling on Thursday puts a significant legal roadblock in the way of such challenges, at least for now.
The ruling is expected to embolden the federal government to continue its approach in managing troubled states through emergency powers if needed.
