CSO Mulls Appeal After Court Dismisses Suit Challenging Tinubu’s Emergency Declaration in Rivers
A civil society organisation, the Initiative for Freedom, Conflict Prevention and Social Integration (IFCPSI), has signalled its intention to head to the Court of Appeal following the dismissal of its suit challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State and the suspension of Governor Siminalayi Fubara.
A Federal High Court sitting in Port Harcourt, the state capital, on Friday dismissed the suit on the grounds that the plaintiff lacked the locus standi to institute the action.
In the suit, IFCPSI had asked the court to declare President Tinubu’s proclamation of a state of emergency in the state—as well as the suspension of Governor Fubara, his deputy, Ngozi Odu, and members of the Rivers State House of Assembly for six months—as ultra vires, unconstitutional and inconsistent with the provisions of Section 305 of the 1999 Constitution.
The court also noted that the group sought an order nullifying the President’s appointment of former Chief of Naval Staff, Vice Admiral Ibok-Ete Ibas (retd.), as Sole Administrator of the state following the suspension of the elected government.
Delivering judgment, the presiding judge, Justice Muhammad Turaki, held that the suit was defective because the suspended governor—whose constitutional rights were allegedly breached—was not joined as a necessary party.
He maintained that without Fubara’s involvement, the matter became “an academic exercise”, hence the court could not examine the substantive issues raised.
Counsel to the plaintiff, Amegua Lezina, told journalists after the judgment that the organisation would examine the verdict before taking a final decision.
According to him, the court did not address the substance of the case because of what it considered a procedural flaw.
“The court’s position was that the present governor of Rivers State, who was then suspended, was not joined as a party. For that reason, the court declined to consider the merit of the matter,” Lezina explained.
“However, we will study the judgment, consult with our client, and if necessary, proceed to the Court of Appeal since the substantive issues were not resolved.”
The organisation still has two other suits pending before the same court.
In a separate case challenging the legality of the National Assembly’s ratification of Ibas’ appointment as Sole Administrator, Justice Turaki adjourned judgment to January 23, 2026, after all parties adopted their final written addresses.
Similarly, another suit filed by IFCPSI challenging the appointment and constitution of the Chairman and members of the Rivers State Independent Electoral Commission (RSIEC) has been adjourned to December 5, 2025, for adoption of processes.
President Tinubu had in March declared a six-month state of emergency in Rivers State following heightened political tension and administrative breakdown. The declaration led to the suspension of Governor Fubara, his deputy, and members of the House of Assembly, with Vice Admiral Ibas appointed to oversee the state during the emergency period.
The move triggered widespread constitutional debate, with several legal analysts and civil society groups faulting what they described as an overreach of executive powers.
The ongoing cases filed by IFCPSI are among the legal efforts seeking to test the constitutionality of the President’s actions.
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