… says only the S-Court can determine legality of emergency rule in Rivers
By Ikechukwu Nnochiri, ABUJA
The Federal High Court sitting in Abuja, on Thursday, dismissed a suit that sought to declare as illegal and unconditional the six-month suspension that was slammed on Governor Siminalayi Fubara and members of the Rivers State House of Assembly by President Bola Tinubu.
The suspension announced on March 18, which followed the declaration of a State of Emergency in Rivers State, elapsed on September 18.
President Tinubu had, within the period, appointed a sole administrator to pilot the affairs of the state.
Dissatisfied with the action, five concerned indigenes of the state, led by Mr Belema Briggs, approached the court to challenge its constitutionality.
While dismissing the suit, the court, in the judgement that was delivered by Justice James Omotosho, held that the plaintiffs lacked the locus standi (legal right) to institute the case against President Tinubu.
According to the court, the plaintiffs, not being the governor of Rivers State, failed to adduce any evidence to establish that they were members of the state’s House of Assembly.
It held that they also failed to show the injury they suffered more than every other indigene of the state.
Besides, the court held that the plaintiffs were unable to produce any fiat the Attorney General of Rivers State issued to empower them to institute the case.
It further held that the defendants failed to counter President Tinubu’s claim that he imposed the state of emergency to avert the breakdownof law and order in the state.
Justice Omotosho dismissed the plaintiffs’ claim that President Tinubu, by his action, breached their fundamental rights.
The court held that they were unable to prove that the appropriate law was not activated before the emergency rule was imposed on the state by President Tinubu.
Moreover, it stressed that the suit, as constituted, could only be determined by the Supreme Court.
Consequently, Justice Omotosho threw out the case for being frivolous and baseless, insisting the mandate of other indigenes of Rivers State was not obtained before the plaintiffs filed the suit on their behalf.
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