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Justice James Omotosho of the Federal High Court in Abuja has struck out a suit challenging the declaration of a state of emergency in Rivers State.
The case was filed by Belema Briggs and four others, who sought to nullify President Bola Tinubu’s proclamation. However, Justice Omotosho ruled that the plaintiffs lacked the legal standing to bring the matter before the court.
According to the judge, only the Supreme Court has the jurisdiction to determine such a case, and none of the plaintiffs were members of the state executive, legislature, or directly affected by the proclamation. The court also noted that the Attorney General’s approval was not obtained before instituting the suit.
Omotosho further held that the President’s decision to impose the emergency to prevent a breakdown of law and order was lawful and unchallenged, adding that claims of human rights violations could not stand since the action was carried out under a valid Emergency Rule Order. He described the suit as frivolous and without merit.
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