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Court Set to Rule On Challenge Against Tinubu’s Emergency Rule.
Federal High Court Sets Date for Judgment on Suit Challenging Tinubu’s Emergency Rule in Rivers....KINDLY READ THE FULL STORY HERE▶
The Federal High Court in Abuja on Friday scheduled March 9, 2026, for judgment in a case filed by the Civil Society Observatory for Constitutional and Legal Compliance (CSOCLC) challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State last year.
Justice James Omotosho set the date after both the plaintiff’s and defendants’ lawyers concluded adoption of processes and presented arguments supporting and opposing the suit.
In the lawsuit, CSOCLC questioned the President’s authority to remove elected state officials during a state of emergency. The NGO argued that while the President may declare an emergency under Section 305 of the Constitution, he does not have the power to suspend or remove elected executive or legislative officers or appoint an interim administrator.
Justice Omotosho noted similarities between this case and previous matters he had dismissed, citing jurisdictional issues under the now-defunct Emergency Powers (Jurisdiction) Act of 1962. He also referenced a Supreme Court ruling from December 15, 2025, which dismissed a related case on procedural grounds.
CSOCLC’s counsel, Nnamdi Nwokocha-Ahaaiwe, countered that the earlier rulings were mistaken, arguing that the 1962 Act is a “spent” law, deliberately omitted from statute books before the 1999 Constitution came into effect. He further maintained that a 2025 presidential order purportedly modifying the law is “unconstitutional, null, and void,” emphasizing that Section 305 of the Constitution fully governs emergency powers.
Lawyers for the first to fifth defendants, including the President and the Attorney-General of the Federation, relied on the 1962 Act and the modification order, arguing that only the Supreme Court has original jurisdiction over such disputes and urging the court to strike out the case.
The plaintiffs had sought 26 reliefs, including a declaration that Rivers State cannot be administered by an appointed administrator, retired Vice Admiral Ibok-Ete Ekwe Ibas, outside the constitutional framework.
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