The federal high court in Abuja has dismissed the suit challenging the legality of the emergency rule imposed in Rivers state by President Bola Tinubu.
On March 18, Tinubu declared emergency rule in Rivers and suspended Siminalayi Fubara, governor of the state, and Rivers house of assembly for the period of six months.
The president immediately appointed Ibok-Ete Ibas, a retired naval chief, as the state’s sole administrator.
On September 17, the president ended the emergency rule and asked Fubara to resume the following day.
After the president declared the state of emergency in emergency, Belema Briggs and four other plaintiffs sued Tinubu, Ibas, and the federal government over the emergency rule.
THE JUDGMENT
On Thursday, James Omotosho, the presiding judge, ruled that the court lacked the jurisdiction to determine the legality of the presidential proclamation of a state of emergency.
According to NAN, Omotosho held that only the supreme court has the jurisdiction to determine the legality of the emergency rule declared by the president.
The presiding judge said there is no way the court will determine the case without commenting on legality of the emergency rule, which is not the jurisdiction of the court.
“No other courts, except the supreme court, can hear a matter relating to a proclamation of emergency,” Omotosho said.
“This court is divest of the jurisdiction to hear the validity of the power of the president to declare a state of emergency in Rivers State or suspend the governor, the deputy governor and the state’s house of assembly members.
“The originating process ought not to have been accepted for filing in this court.
“The subject matter of this suit is clearly outside the jurisdiction of this court.
“The law is settled that where a matter is not within the jurisdiction of a court, it should decline jurisdiction.”
The presiding judge also held that the plaintiffs lacked the locus standi to institute the suit that affected all residents of Rivers state.
The judge said the individuals who were suspended by the president were not a party to the suit..
Omotosho said if the court had the jurisdiction to entertain the suit, “the weight of evidence is in favour of the defendants”.
The trial judge said there were reasonable grounds for the president to declare a state of emergency and appoint a sole administrator for Rivers to avert anarchy.
Omotosho said the president exercised his power by appointing the sole administrator for Rivers in accordance with section 305 of the 1999 constitution.
