The Federal High Court in Abuja on Friday scheduled a date for judgment in a case brought by the Civil Society Observatory for Constitutional and Legal Compliance, CSOCLC, challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State last year.
Justice James Omotosho set Friday, March 9, 2026 for judgment after both the plaintiff’s counsel, Nnamdi Nwokocha-Ahaaiwe, and the defence lawyers adopted their processes and presented arguments supporting and opposing the suit.
In the fresh lawsuit, CSOCLC questioned the President’s authority to remove elected state officials during a state of emergency.
The NGO argued that while the President may declare an emergency under Section 305 of the Constitution, he does not have the power to suspend or remove elected executive or legislative officers and appoint an interim administrator.
Justice Omotosho, however, highlighted the similarity of the case to previous ones he had dismissed, citing jurisdictional issues under the old Emergency Powers (Jurisdiction) Act of 1962.
He also referenced a Supreme Court decision from December 15, 2025, which dismissed a related case on procedural grounds.
Acknowledging these earlier rulings, Ahaaiwe insisted they were mistaken.
The lawyer argued that the 1962 Act is a “spent” law, deliberately omitted from statute books before the 1999 Constitution came into effect.
He further contended that a 2025 presidential order modifying the alleged non-existent law is “unconstitutional, null, and void”.
“The constitution has fully covered the field on emergency powers. No executive proclamation can alter the express provisions of Section 305,” he added.
Lawyers representing the 1st to 5th defendants, including the President and the Attorney-General of the Federation, relied on the same 1962 Act and the modification order.
They argued that only the Supreme Court has original jurisdiction over such disputes and urged the court to strike out the case.
The plaintiffs had requested 26 reliefs, including a declaration that Rivers State cannot be governed by an appointed administrator, retired Vice Admiral Ibok-Ete Ekwe Ibas, outside the constitutional provisions.
Eze Chidiebere Paul
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