Court throws out suit against Tinubu over Rivers State of Emergency

By Paul Dada 

A  Federal High Court sitting in Abuja has dismissed a suit filed filed to challenge the  state of emergency declared for Rivers State on 18 March 2025, by President Bola Tinubu.

Presiding Judge, Justice James Omotosho, while delivering his verdict in the case brought by Belema Briggs and four others, said the plaintiffs lacked the legal standing to initiate the case.

Following a prolonged political tension in Rivers, Tinubu had declared emergency rule in Rivers State, citing a potential breakdown of law and order. The declaration entailed the  suspension of the state governor, Siminalayi Fubara; his deputy, Ngozi Odu; and all members of the Rivers State House of Assembly for six months. In their place, the president appointed a sole administrator to oversee the state’s governance during the emergency period.

Displeased with the move, the plaintiffs approached the court seeking to overturn the declaration and restore the suspended officials. However, the court held that none of the claimants had the legal authority to file the suit, noting that they did not represent any state institution or hold any office that would grant them such powers.

But Justice Omotosho stated that the plaintiffs failed to contest the president’s rationale for imposing emergency rule, which was to avert an impending breakdown of law and order. He noted that the relevant provisions of the law were properly invoked by the president, and that no breach of fundamental rights could be established under the circumstances.

He further dismissed the claim that the lawsuit was brought on behalf of the people of Rivers State, stating that there was no evidence that the plaintiffs had obtained the mandate of the people, nor had they secured authorisation from the Attorney General of the state.

Describing the suit as “frivolous and baseless,” the judge said none of the plaintiffs had suffered any special harm or injury beyond what might affect the general population of Rivers State.

Tinubu officially ended the emergency rule on 18 September 2025. In a speech, he revealed that over 40 legal challenges had been lodged in relation to the declaration, including a high-profile suit by the opposition Peoples Democratic Party currently pending before the Supreme Court.