The Federal High Court in Abuja has dismissed a suit challenging President Bola Tinubu’s suspension of Governor Siminalayi Fubara of Rivers State.
The court ruled that it lacked jurisdiction to determine the validity of the presidential proclamation, citing that only the Supreme Court has exclusive and original jurisdiction over such matters.
The plaintiffs, led by Belema Briggs, had sought a declaration that the president did not have the power to remove Fubara and others. However, the court held that the plaintiffs lacked the legal right to institute the suit, as they failed to demonstrate that they were members of the state executive committee or had suffered any injury greater than the rest of the people of Rivers State.
Justice James Omotosho, in his judgment, stated that “the subject matter of this suit is clearly outside the jurisdiction of this court.” He also noted that the president’s actions were aimed at averting anarchy and chaos in the state, and that the proclamation of the state of emergency and the suspension of the governor and others were proper and in line with Section 305 of the Constitution.
The court further held that the weight of evidence was in favor of the defendants, and that the suit was frivolous and baseless. According to Justice Omotosho, “The originating process ought not to have been accepted for filing in this court.” The judge emphasized that the law is settled that where a matter is not within the jurisdiction of a court, it should decline jurisdiction.
The suspension was announced on March 18, 2025, following the declaration of a State of Emergency in Rivers State, which led to the appointment of a sole administrator, Vice Admiral Ibok-Ete Ibas (rtd.), to pilot the affairs of the state. The suspension elapsed on September 18, 2025.
The court’s decision has significant implications for the governance of Rivers State, and the case highlights the complexities of federalism and the powers of the president in Nigeria.
