A Federal High Court in Abuja has dismissed suits seeking refunds and challenging decisions made under Rivers State’s emergency rule.
Justice James Omotosho ruled that only the Supreme Court has jurisdiction over such matters.
The Federal High Court in Abuja has dismissed a case seeking the refund of Rivers State funds allegedly spent by retired Vice Admiral Ibok-Ete Ibas, who was appointed Sole Administrator during the state of emergency.
Justice James Omotosho ruled that the court had no power to hear the matter since it arose from the president’s proclamation of emergency rule. He stated that only the Supreme Court can determine the validity of such declarations.
The judge agreed with the arguments of Ibas’ lawyer, Kehinde Ogunwumiju (SAN), and faulted the claimant’s counsel for failing to file the case in the proper court.
“I must not fail to say here that counsel to the claimant ought to make proper research regarding his case before filing same,” Omotosho said, stressing that void suits waste judicial time.
He declined the plaintiff’s request to transfer the matter back to the Port Harcourt division, noting that no other high court has authority on the subject since it falls exclusively within the Supreme Court’s jurisdiction.
The Incorporated Trustees of Rivsbridge Peace Initiative had filed the suit (FHC/PH/CS/43/2025), listing President Bola Tinubu, the Federal Government, the Attorney-General of the Federation, the Accountant-General, the Central Bank of Nigeria, and Ibas as defendants. The group asked for an order compelling them to return all funds released from the Consolidated Revenue Fund after the March 18 emergency declaration.
In a separate ruling, Justice Omotosho also dismissed another suit (FHC/PH/CS/46/2025) that challenged Ibas’ power to appoint sole administrators for the 23 local government areas in Rivers. The judge upheld the objection that the plaintiffs lacked the legal right to file the case, saying they were “mere individuals” without direct stake in the dispute.
He declared that the application was void since the claimants were not suspended local government officials and could not sue on behalf of the public without proper standing.
Earlier, the same court had dismissed a related case that sought to nullify President Tinubu’s suspension of Governor Siminalayi Fubara under the emergency rule.
With these rulings, the Federal High Court has consistently held that it cannot entertain suits arising from the proclamation of a state of emergency, leaving such matters for the Supreme Court to decide.
