Court Dismisses Suit Against Tinubu Over Rivers State Emergency Declaration, Calls it Baseless

Justice James Omotosho, who presided over the case brought by Belema Briggs and four others, ruled that the plaintiffs lacked the legal standing to initiate the suit, having shown no personal injury or legal harm suffered as a result of the emergency declaration.

According to the court, none of the five plaintiffs was a member of the Rivers State Executive Council, the House of Assembly, or any other office directly affected by the proclamation. The court also noted that the plaintiffs failed to obtain the consent or legal fiat of the Rivers State Attorney General to sue on behalf of the state.

In his judgment, Justice Omotosho emphasised that the proper forum to entertain such constitutional matters, particularly when they concern the powers of the President and the Federation, is the Supreme Court, not the Federal High Court.

Furthermore, the court observed that President Tinubu’s justification for declaring the emergency to prevent a looming breakdown of law and order in Rivers State was not challenged or contradicted by the plaintiffs.

On the issue of alleged infringement of fundamental human rights, the judge held that the President acted within the bounds of the law, invoking appropriate provisions to avert what was described as a deteriorating security situation in the state.

“The plaintiffs failed to demonstrate that they suffered any injury greater than other citizens of Rivers State,” Justice Omotosho ruled, adding that the lawsuit was filed without a mandate from the people and amounted to an abuse of judicial process.