The Federal High Court in Abuja on Thursday, dismissed a suit seeking an order declaring President Bola Tinubu’s suspension of Gov. Siminalayi Fubara of Rivers as illegal.
Justice James Omotosho, in a judgment , held that the Federal High Court lacked the jurisdiction to determine the validity of the presidential proclamation of a state of emergency in the country.
Justice Omotosho held that only the Supreme Court had the exclusive and original jurisdiction to determine the validity of the declaration of an emergency rule by the president.
“No other courts, except the Supreme Court, can hear a matter relating to a proclamation of emergency.
“This court is divest of the jurisdiction to hear the validity of the power of the president to declare a state of emergency in Rivers State or suspend the governor, the deputy governor and the state’s house of assembly members,” he said.
The judge, who said that there was no way the matter could be determined by the court without going into the validity of the presidential declaration, said the jurisdiction of the court cannot be activated.
According to him, the void nature of the suit goes beyond the issue of locus standi where this matter has been filed in other courts aside from the Supreme Court.
His words: “The originating process ought not to have been accepted for filing in this court.
“The subject matter of this suit is clearly outside the jurisdiction of this court.”
He said the court could not have arrogated power which it did not have to itself.
“The law is settled that where a matter is not within the jurisdiction of a court, it should decline jurisdiction,” the judge said.
Justice Omotosho also held that the plaintiffs lacked the locus standi (legal right) to institute the suit.
The judge, who said that an individual cannot bring a suit which borders on all the residents of a state, observed that non of the suspended persons was a party to the suit.
While going into the substantive matter, the judge held that from the findings of the court , there were reasonable grounds for the president to have declared a state of emergency and appointing a sole administrator for Rivers.
He held that the proclamation of the state of emergency and the suspension of the governor and others, were proper and in line with Section 305, the act, having been done to avert anarchy and chaos in the state.
Justice Omotosho stated that the law allows the president to exercise certain powers in the interest of public safety and public order.
“The president has duly exercised his power by appointing the sole administrator for Rivers in accordance with Section 305.”
He held that the issue that the president did not get two/third vote of members of the National Assembly cannot be determined through affidavit evidence of the plaintiffs.
“I have carefully gone through all the processes before this court.
“Four issues are left for determination by this court:
“Whether the subject matter is within jurisdiction of this court.
“Whether the plaintiffs have the locus standing to institute this suit.
“Whether the 1st defendant (president) has the power to suspend the executive governor, the deputy governor and members of the Rivers State’s House of Assembly.
“Whether the 1st defendant has the power to declare a state of emergency and appoint a sole administrator for Rivers State,” he said.
The judge said even if the court could exercise jurisdiction on the suit, “the weight of evidence is in favour of the defendants,”
“Consequently, this suit is dismissed in its entirety,” the judge said.
Freedomonline reports that Belema Briggs and four other plaintiffs had sued the president; Federal Republic of Nigeria; Rivers Administrator, Vice Admiral Ibok-Ete Ibas (rtd.) and three others.
The plaintiff’s had, among others, sought a declaration that the president did not have the power to have removed Fubara and others.
They also sought a declaration that the president did not have the power to delegate the executive power of the governor to Ibas.
“That the proclamation is illegal and breach of the constitution.”
The plaintiffs also sought an order setting aside the suspension of the governor and an order prohibiting Ibas from exercising the executive power of the governor, among others.
