Court Sets March 9 for Judgment in Suit Challenging Tinubu’s Emergency Powers

The Federal High Court in Abuja has scheduled March 9 for judgment in a fresh lawsuit questioning President Bola Tinubu’s authority to remove elected state officials during a state of emergency.

Justice James Omotosho set the date on Friday after the plaintiff’s counsel, Nnamdi Nwokocha-Ahaaiwe, and the defence lawyer concluded arguments and adopted their processes.

The case, filed by the Civil Society Observatory for Constitutional and Legal Compliance (CSOCLC), challenges the President’s actions following the declaration of a state of emergency in Rivers State last year. The NGO contends that while the Constitution allows the President to declare an emergency under Section 305, it does not authorize him to suspend or remove elected executive and legislative officers or install an interim administrator.

Justice Omotosho, however, cited similarities with previous cases he had dismissed, pointing to jurisdictional issues under the now-defunct Emergency Powers (Jurisdiction) Act of 1962. He also referenced a Supreme Court ruling from December 15, 2025, which dismissed a related case on procedural grounds.

Acknowledging these rulings, Ahaaiwe argued that they were mistaken. He stated that the 1962 Act is a “spent” law, deliberately removed from statute books before the 1999 Constitution, and therefore, any 2025 presidential order modifying it is “unconstitutional, null, and void.”

“The Constitution has fully covered the field on emergency powers,” Ahaaiwe submitted. “No executive proclamation can alter the express provisions of Section 305.”

Counsel for the 1st to 5th defendants, which include the President and the Attorney-General of the Federation, relied on the 1962 Act and the modification order, asserting that only the Supreme Court has original jurisdiction over such matters and urging the court to strike out the suit.

The plaintiffs had sought 26 reliefs, including a declaration that Rivers State cannot be governed by an appointed administrator, retired Vice Admiral Ibok-Ete Ekwe Ibas, outside constitutional provisions.

The suit, now set for judgment, has reignited a key constitutional debate on the limits of presidential emergency powers.

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