The Federal High Court in Abuja has adjourned to March 9, 2026, to deliver judgment in a new lawsuit questioning President Bola Ahmed Tinubu’s authority to suspend or remove elected state officials and appoint interim administrators during a state of emergency.
The suit, brought by the Civil Society Observatory for Constitutional and Legal Compliance (CSOCLC), directly challenges actions taken by the President following the declaration of a state of emergency in Rivers State last year.
After hearing arguments from both sides on Friday, Justice James Omotosho fixed the date for judgment following the adoption of processes and final submissions by counsel.
The plaintiff’s lawyer, Nnamdi Nwokocha-Ahaaiwe, argued that while Section 305 of the 1999 Constitution empowers the President to declare a state of emergency, it does not grant him the authority to suspend elected governors, deputy governors, state assemblies, or other executive and legislative officers, nor to appoint an unelected interim administrator.
The plaintiff is seeking 26 reliefs, including a declaration that Rivers State cannot be governed by the appointed Sole Administrator, retired Vice Admiral Ibok-Ete Ekwe Ibas, outside the clear provisions of the Constitution.Ahaaiwe contended that the Emergency Powers (Jurisdiction) Act of 1962, which the defendants relied on is a “spent” law that was deliberately omitted from the statute books before the 1999 Constitution came into force.
He described a 2025 presidential order purportedly modifying the 1962 Act as “unconstitutional, null, and void,” arguing that the Constitution has “fully covered the field” on emergency powers and that no executive proclamation can override its express provisions.
The defendants’ counsel, representing the President, the Attorney-General of the Federation, and other parties, urged the court to strike out the suit, citing the same 1962 Act and the modification order.
They maintained that only the Supreme Court has original jurisdiction to entertain such matters.Justice Omotosho observed that the current case bore similarities to previous suits he had dismissed on jurisdictional grounds, referencing the old 1962 Act.
He also noted a December 15, 2025, Supreme Court decision that reportedly dismissed a related matter on procedural grounds.However, the plaintiff’s counsel acknowledged the prior rulings but insisted they were erroneous and should not bind the court in the present case.
The hearing has revived a significant constitutional debate on the scope of presidential powers during a state of emergency, particularly regarding the protection of elected democratic structures at the state level.
The outcome of the March 9 judgment is expected to have far-reaching implications for federal-state relations and the interpretation of emergency powers under Nigeria’s 1999 Constitution.
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