A Nigerian federal court has dismissed a lawsuit challenging President Bola Tinubu's declaration of a state of emergency in Rivers State earlier this year. The ruling reinforces presidential powers to manage severe state crises.
Justice James Omotosho of the Federal High Court in Abuja delivered the judgment on Thursday. He ruled that the plaintiffs, five individuals led by Belema Briggs, did not have the legal right to file the case . The judge stated that the subject of the suit could only be properly determined by the Supreme Court, not a Federal High Court .
President Tinubu declared the emergency rule on March 18, 2025. The move suspended Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the Rivers State House of Assembly for six months . A sole administrator, retired Vice Admiral Ibok-Ete Ibas, was appointed to run the state's affairs during this period . The president lifted the emergency rule on September 18, 2025, stating its goal of preventing a collapse of order had been achieved .
The court found multiple reasons to throw out the legal challenge. Justice Omotosho held that the plaintiffs lacked "locus standi," or the legal standing, to sue. He noted they were not members of the Rivers State Executive Council or the State House of Assembly . The judge also said they failed to show they suffered any personal injury greater than the general public in Rivers State . The court further observed that the plaintiffs did not obtain a fiat, or legal permission, from the Rivers State Attorney-General to initiate the case on behalf of the state .
On the core legal issue, Justice Omotosho ruled that his court lacked jurisdiction. He explained that the Nigerian constitution assigns the power to determine the validity of a presidential emergency proclamation exclusively to the Supreme Court . "No other courts, except the Supreme Court, can hear a matter relating to a proclamation of emergency," the judge said . He concluded that the Federal High Court should not have accepted the case for filing in the first place .
The judge also addressed the substance of the emergency declaration. He found that President Tinubu's claim that he acted to prevent a breakdown of law and order was not challenged by the plaintiffs . The court held that the president's actions were proper under Section 305 of the Nigerian Constitution, which allows such measures in the interest of public safety . The emergency rule was a necessary step to "avert anarchy and chaos in the state," the judge stated . He described the lawsuit as "frivolous and baseless" because the plaintiffs did not have the mandate of the people of Rivers State to file it on their behalf .
This case was one of more than 40 lawsuits filed against the emergency rule in Rivers State . The most prominent case, filed by the opposition Peoples Democratic Party, is still before the Supreme Court . The political crisis in the oil-rich state began with a confrontation between Governor Fubara and state lawmakers. Some lawmakers had attempted to impeach the governor, accusing him of legal violations, which he denied . The region is a crucial hub for Nigeria's crude oil exports, and has seen past militant attacks on pipelines .
With the emergency period now over, Governor Fubara, his deputy, and the state lawmakers have been reinstated to their positions .