Emergency rule: Court to deliver judgement on new suit against Tinubu
A Federal High Court in Abuja has fixed March 9 for judgement in a fresh suit challenging the manner of implementation of the emergency rule declared in Rivers State by President Bola Ahmed Tinubu. Justice James Omotosho, on Friday adjourned the suit after the parties made their submissions on the fresh motion. The suit was […]
A Federal High Court in Abuja has fixed March 9 for judgement in a fresh suit challenging the manner of implementation of the emergency rule declared in Rivers State by President Bola Ahmed Tinubu.
Justice James Omotosho, on Friday adjourned the suit after the parties made their submissions on the fresh motion.
The suit was brought by the Civil Society Observatory for Constitutional and Legal Compliance (CSOCLC) against President Tinubu, the Federal Republic of Nigeria, the Attorney-General of the Federation, Rivers State, Vice Admiral Ibok-Ete Ibas, the Independent National Electoral Commission (INEC) and Sir Siminalayi Fubara, challenging the actions that followed the declaration of a state of emergency in Rivers State in 2025.
The non-governmental organisation argued that while the president may declare an emergency under section 305 of the Nigerian Constitution of 1999, he lacks the power to suspend or remove elected executive and legislative officers and install an interim administrator.
Earlier, counsel to CSOCLC, Nnamdi Nwokocha-Ahaaiwe, had submitted that the earlier rulings of the court were based on the Emergency Powers Act of 1962, which was a “spent” law, deliberately omitted from statute books before the 1999 constitution took effect.
Therefore, he submitted that the constitution has fully covered the field on emergency powers as no executive proclamation can alter the express provisions of the section 305, adding that a 2025 presidential order modifying this non-existent law is “unconstitutional, null and void.”
Ahaaiwe maintained that he was not challenging the powers of the president to declare emergency rule when Justice Omotosho noted the similarity of earlier suits he had dismissed on jurisdictional grounds and the December 15, 2025 judgement of the Supreme Court, which reportedly dismissed a related case on procedural grounds.
In his submission, defence counsel, Akinsola Olujimi asked the court to dismiss the matter with cost, arguing that the apex court had determined the matter on not only procedural grounds but on the main issue.