A Federal High Court sitting in Abuja has fixed March 9 for Judgment in a suit challenging the legal authority of President Bola Tinubu to remove elected state officials during a state of emergency.
The argument canvased by counsel to parties in the suit during adoption of processes yesterday, revived a critical constitutional debate previously thought settled.
The case, filed by the Civil Society Observatory for Constitutional and Legal Compliance (CSOCLC), specifically contests the President’s actions following the declaration of a state of emergency in Rivers State last year. The NGO argues that while the President may declare an emergency under Section 305 of the Constitution, he lacks the power to suspend or remove elected executive and legislative officers and install an interim administrator.
Justice James Omotosho noted the similarity of this suit to previous cases he had dismissed, citing jurisdictional issues under the old Emergency Powers (Jurisdiction) Act of 1962.
He also referenced a Supreme Court decision from December 15, 2025, which reportedly dismissed a related case on procedural grounds.
Plaintiff counsel, Nnamdi Nwokocha-Ahaaiwe, Esq. acknowledged these prior rulings but insisted they were erroneous. He argued the 1962 Act was a “spent” law, deliberately omitted from statute books before the 1999 Constitution took effect. Therefore, he contended, a 2025 presidential order modifying this non-existent law 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.”
The counsel for the first five defendants—which include the President and the Attorney-General—relied on the same 1962 Act and the modification order to assert that only the Supreme Court holds original jurisdiction over such disputes, urging the court to strike out the case.
The plaintiffs seek 26 reliefs, including a declaration that Rivers State cannot be governed by an appointed administrator, retired Vice Admiral Ibok-Ete Ekwe Ibas, outside the provisions of the Constitution.
Justice Omotosho has reserved judgment until March 9, 2026. The outcome will have significant implications for the scope of presidential power during national emergencies.
