Court Schedules March 9 for Judgment in Rivers State Emergency Rule Case

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A Federal High Court in Abuja has slated March 9, 2026, to deliver judgment in a suit challenging the authority of President Bola Ahmed Tinubu to remove elected officials during a state of emergency in Rivers State.

The case, which resumed on January 16, 2026, after lawyers for all parties completed procedural submissions, raises constitutional questions about the extent of presidential powers during emergency situations.

The lawsuit was filed by the Civil Society Observatory for Constitutional and Legal Compliance. The group argues that while Section 305 of the Constitution empowers the President to declare a state of emergency, it does not grant the authority to suspend or remove elected governors or lawmakers, nor to appoint an interim administrator.

Justice James Omotosho noted that the matter is similar to previous cases he had dismissed, which failed due to jurisdictional issues under the Emergency Powers (Jurisdiction) Act of 1962. He also cited a Supreme Court ruling from December 15, 2025, that dismissed a related case on procedural grounds.

Counsel for the plaintiffs, Nnamdi Nwokocha-Ahaaiwe, acknowledged the existence of earlier decisions but contended that the 1962 Emergency Powers Act is no longer in force and was deliberately excluded from current laws under the 1999 Constitution. He further argued that a 2025 presidential order attempting to modify that law lacks legal basis.

Defence lawyers representing the President, the Attorney-General of the Federation, and other respondents, relied on the same 1962 Act and the presidential modification, asserting that only the Supreme Court has jurisdiction to hear the matter and urging the court to strike out the suit.

The plaintiffs have sought 26 reliefs, including a declaration that Rivers State cannot lawfully be governed by an appointed administrator, retired Vice Admiral Ibok-Ete Ekwe Ibas, beyond the powers granted by the Constitution.

Justice Omotosho has fixed March 9, 2026, to deliver his judgment in the case.

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