Some residents of Rivers State have vowed to challenge the ruling of the Federal High Court in Abuja which upheld President Bola Tinubu’s proclamation of a state of emergency in the state.
Their lawyer, Tella Attoni, Managing Solicitor of the Law Office of D. Tella Attoni & Co., in a statement on Thursday, commended the court for delivering judgment within the constitutional 90-day timeframe but expressed strong disagreement with its conclusions.
“I commend the Federal High Court for its timely judgment on the case I filed on behalf of Rivers people. However, while I acknowledge the courage of the trial court in addressing substantive constitutional issues, I respectfully disagree with its findings — particularly the claim that the Court lacked jurisdiction,” Attoni said.
He stressed that his clients would proceed immediately to the Court of Appeal to test the judgment, which he described as a matter of “grave public and national importance.”
Trial Court’s Key Findings
Justice James Omotosho, in his ruling, dismissed the suit filed by the plaintiffs, holding that:
- Residents of Rivers State lacked the locus standi (legal standing) to challenge the emergency declaration.
- Only the state’s Sole Administrator or Attorney-General had the authority to initiate such an action.
- Issues concerning a state of emergency could only be determined by the Supreme Court, not the Federal High Court.
- Once proclaimed, the President had constitutional power to suspend both the executive and legislative arms of a state government.
Justice Omotosho further ruled that President Tinubu acted within his constitutional authority, noting that the emergency proclamation was justified to avert a breakdown of law and order. He described the plaintiffs’ case as “frivolous and baseless,” adding that they lacked consent from Rivers residents to sue on their behalf.
Next Steps
Attoni maintained that the ruling could not go unchallenged and emphasized that the appellate process would allow for a more robust legal examination.
“This ensures both parties, and ultimately the appellate courts, will have a full record upon which the reasoning can be carefully scrutinised,” he said.
The Federal High Court’s dismissal has now set the stage for a legal battle at the appellate level as Rivers residents continue to contest the suspension of their elected state government under the emergency rule.
