The Federal High Court in Abuja has dismissed a suit challenging President Bola Tinubu’s suspension of Rivers State Governor Siminalayi Fubara.
Delivering judgment on Thursday, October 2, 2025, Justice James Omotosho held that the court lacked jurisdiction to determine the validity of a presidential proclamation of a state of emergency.
Justice Omotosho noted that only the Supreme Court has the exclusive power to hear cases relating to the president’s authority to declare an emergency rule or suspend state officials.
“No other court, except the Supreme Court, can hear a matter relating to a proclamation of emergency,” the judge ruled, stressing that entertaining the case would amount to arrogating powers the law does not confer on the Federal High Court.
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Justice Omotosho further held that the plaintiffs lacked the legal standing to institute the suit.
He explained that the originating process should not have been filed before the Federal High Court in the first place, as the subject matter was clearly outside its jurisdiction.
The suit was instituted by Belema Briggs and four others, who had sued President Tinubu, the Federal Government, Rivers State Administrator Vice Admiral Ibok-Ete Ibas (rtd.), and three others.
The plaintiffs sought, among other reliefs, a declaration that Tinubu lacked the power to suspend Fubara and delegate the governor’s executive functions to Ibas.
The court, however, struck out the case in its entirety.
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