The Federal High Court in Abuja has dismissed a suit seeking to invalidate President Bola Tinubu’s suspension of Governor Siminalayi Fubara of Rivers State and members of the state House of Assembly.
The suspension, which followed the March 18 declaration of a state of emergency in Rivers State, lasted six months and expired on September 18. During that period, President Tinubu appointed a sole administrator to oversee the affairs of the state.
Unhappy with the decision, five indigenes of the state, led by Mr. Belema Briggs, approached the court, asking it to declare the action illegal and unconstitutional.
Delivering judgment on Thursday, Justice James Omotosho ruled that the plaintiffs lacked the locus standi — the legal right — to sue the President. The court noted that none of the claimants was the governor or a member of the Rivers House of Assembly, and they had failed to demonstrate any special injury suffered beyond that of other residents of the state.
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Justice Omotosho further pointed out that the plaintiffs did not obtain authorization from the Rivers State Attorney General to bring the suit and had not presented evidence proving their claims.
The court also dismissed their argument that Tinubu’s actions infringed upon their fundamental rights. According to Justice Omotosho, the plaintiffs could not prove that the proper legal process was not followed before the declaration of emergency rule.
Additionally, the judge held that the matter, as framed, was one that should ordinarily be determined by the Supreme Court.
Concluding, Justice Omotosho described the case as “frivolous and baseless,” stressing that the plaintiffs had no mandate to institute the action on behalf of other indigenes of Rivers State.
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