Court To Deliver Judgement On Rivers Emergency Rule Case in March

Court To Deliver Judgement On Rivers Emergency Rule Case in March
Suit challenges suspension of elected officials in Rivers State
Plaintiffs oppose appointment of sole administrator

A Federal High Court sitting in Abuja has fixed March 9, 2026, to deliver judgment in a suit challenging the powers of President Bola Ahmed Tinubu to remove or suspend elected state officials during a state of emergency.

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EKO HOT BLOG reports that the date was announced after lawyers to all parties adopted their written processes on January 16, 2026, reopening constitutional arguments over the scope of presidential authority in emergency situations.

The suit was filed by the Civil Society Observatory for Constitutional and Legal Compliance, which is contesting actions taken by the President following the declaration of a state of emergency in Rivers State last year.

The group argued that although Section 305 of the 1999 Constitution empowers the President to declare a state of emergency, it does not authorise the suspension or removal of elected governors or lawmakers, nor the appointment of an interim administrator.

According to the plaintiffs, the appointment of a sole administrator to oversee the affairs of Rivers State fell outside the limits of constitutional provisions governing emergency powers.

While addressing the court, the presiding judge, Justice James Omotosho, noted that the matter bore similarities to earlier cases he had previously dismissed.

He explained that those cases failed due to jurisdictional issues tied to the Emergency Powers Jurisdiction Act of 1962.

Justice Omotosho also referenced a Supreme Court judgment delivered on December 15, 2025, which struck out a related suit on procedural grounds.

Counsel to the plaintiff, Nnamdi Nwokocha-Ahaaiwe, acknowledged that similar cases had been decided in the past but maintained that the earlier decisions were wrongly reached.

He argued that the Emergency Powers Act of 1962 is no longer in force and was deliberately omitted from the existing body of laws prior to the commencement of the 1999 Constitution.

Nwokocha-Ahaaiwe further contended that a presidential modification order issued in 2025, which purportedly altered the status of the 1962 Act, lacks constitutional backing and cannot stand in law.

On the opposing side, lawyers representing the first five defendants, including President Tinubu and the Attorney General of the Federation, relied heavily on the provisions of the 1962 Emergency Powers Act and the presidential modification order.

They argued that the Federal High Court lacks jurisdiction to hear the matter, insisting that only the Supreme Court is empowered to determine such constitutional questions. They consequently urged the court to strike out the suit.