… says solely the S-Court can decide legality of emergency rule in Rivers
The Federal High Court sitting in Abuja, on Thursday, dismissed a swimsuit that sought to declare as unlawful and unconditional the six-month suspension that was slammed on Governor Siminalayi Fubara and members of the Rivers State House of Assembly by President Bola Tinubu.
The suspension introduced on March 18, which adopted the declaration of a State of Emergency in Rivers State, elapsed on September 18.
President Tinubu had, throughout the interval, appointed a sole administrator to pilot the affairs of the state.
Dissatisfied with the motion, 5 involved indigenes of the state, led by Mr Belema Briggs, approached the court docket to problem its constitutionality.
While dismissing the swimsuit, the court docket, within the judgement that was delivered by Justice James Omotosho, held that the plaintiffs lacked the locus standi (authorized proper) to institute the case in opposition to President Tinubu.
According to the court docket, the plaintiffs, not being the governor of Rivers State, did not adduce any proof to determine that they have been members of the state’s House of Assembly.
It held that additionally they failed to indicate the damage they suffered greater than each different indigene of the state.
Besides, the court docket held that the plaintiffs have been unable to supply any fiat the Attorney General of Rivers State issued to empower them to institute the case.
It additional held that the defendants did not counter President Tinubu’s declare that he imposed the state of emergency to avert the breakdownof legislation and order within the state.
Justice Omotosho dismissed the plaintiffs’ declare that President Tinubu, by his motion, breached their basic rights.
The court docket held that they have been unable to show that the suitable legislation was not activated earlier than the emergency rule was imposed on the state by President Tinubu.
Moreover, it harassed that the swimsuit, as constituted, might solely be decided by the Supreme Court.
Consequently, Justice Omotosho threw out the case for being frivolous and baseless, insisting the mandate of different indigenes of Rivers State was not obtained earlier than the plaintiffs filed the swimsuit on their behalf.
