The Federal High Court in Abuja has dismissed a suit filed against President Bola Tinubu that challenged his declaration of a state of emergency in Rivers State and the suspension of the governor and state assembly members.
Justice James Omotosho, in delivering the judgment, held that the court lacked jurisdiction to adjudicate on matters relating to a presidential proclamation of emergency.
He affirmed that only the Supreme Court has original jurisdiction over such issues.
The suit had sought declarations that the suspension of Governor Siminalayi Fubara, the Deputy Governor, and members of the Rivers State House of Assembly was illegal and unconstitutional.
The plaintiffs also argued that the proclamation violated the fundamental rights of the state’s citizens.
However, Justice Omotosho noted that the plaintiffs lacked locus standi (legal standing) to bring the case.
He reasoned that none of the suspended persons were among the plaintiffs, and the plaintiffs had not demonstrated that they suffered a distinct injury beyond that of other indigenes.
On the merits, the judge also found that even assuming jurisdiction existed, the plaintiffs failed to show that the emergency proclamation and suspension were not properly exercised under Section 305 of the Constitution.
He held that the evidence did not support a breach of law or misuse of presidential power.
Consequently, the suit was dismissed in its entirety.
