The Federal High Court in Abuja has fixed March 9, 2026, for judgment in a suit questioning the constitutional authority of President Bola Tinubu to remove elected state officials during a state of emergency.
Justice James Omotosho announced the date after hearing arguments from both sides, with counsel for the plaintiff, Nnamdi Nwokocha-Ahaaiwe, and defence lawyers adopting their written processes.
The suit was filed by the Civil Society Observatory for Constitutional and Legal Compliance (CSOCLC), a non-governmental organisation, in response to the President’s actions following the declaration of a state of emergency in Rivers State last year.
The group argued that while Section 305 of the Constitution empowers the President to declare a state of emergency, it does not grant authority to suspend or remove elected executive and legislative officers, nor to install an interim administrator.
Justice Omotosho noted that the case bore similarities to earlier suits he had dismissed, citing jurisdictional issues under the Emergency Powers (Jurisdiction) Act of 1962.
He also referenced a Supreme Court ruling of December 15, 2025, which dismissed a related case on procedural grounds.
Arguments and Reliefs Sought
Plaintiff’s counsel, Ahaaiwe, acknowledged those rulings but insisted they were flawed. He argued that the 1962 Act was a “spent law,” deliberately omitted from Nigeria’s statute books before the 1999 Constitution came into force.
He contended that a 2025 presidential order modifying such a non-existent law was “unconstitutional, null, and void.”
“The constitution has fully covered the field on emergency powers,” Ahaaiwe submitted, stressing that no executive proclamation can override the express provisions of Section 305.
On the other hand, counsel for the defendants — including the President and the Attorney-General of the Federation — maintained that the 1962 Act and the modification order remain valid.
They argued that only the Supreme Court has original jurisdiction over such disputes and urged the High Court to strike out the case.
The plaintiffs are seeking 26 reliefs, including a declaration that Rivers State cannot be governed by an appointed administrator — retired Vice Admiral Ibok-Ete Ekwe Ibas — outside the framework of the Constitution.
The case has revived a critical constitutional debate over the scope of presidential emergency powers, a matter many had considered settled.
The judgment, now scheduled for March 9, is expected to clarify whether the President can lawfully suspend elected officials during emergencies or whether such actions violate constitutional guarantees of democratic governance.
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