Barikui Felix
A suit challenging the declaration of a state of emergency in Rivers State has suffered a setback at the Federal High Court in Port Harcourt after it was transferred to the Abuja Division.
The matter with suit number FHC/PH/53/2025, instituted by a Port Harcourt-based legal practitioner, Samuel Amatonjie, against President Bola Tinubu, the Attorney General of the Federation, the Nigerian Senate, House of Representatives, and the Sole Administrator of Rivers State as respondents, was initially scheduled for hearing on Thursday in Port Harcourt.
However, on Thursday, the plaintiffs were told about the unfortunate development at the court.
The plaintiff in the suit told journalists at the court that an official of the court confirmed the transfer of the suit to him upon his arrival at Justice Adamu Mohammed Turaki’s court, where the matter was billed to be heard.
Speaking with journalists outside the courtroom, Amatonjie expressed surprise at the development, stating that he was informed of the transfer upon arrival at the court premises. He added that not just his but all matters challenging the declaration of a state of emergency in Rivers were equally transferred to Abuja.
He noted that the transfer of the matter was hinged on Order 49 of the Federal High Court Civil Procedure Rules.
He said: “I was told that the case has been moved to the Abuja Division in line with Order 49. While I acknowledge the court’s discretion, I have mixed feelings about the transfer, especially since the matter directly affects Rivers State.
“My worry is that matters of this nature are of public interest and need to be given expeditious hearing. Having transferred it to FCT, the Chief Judge of the Federation should be swift in assigning the case to a judge for expedited hearing.”
The legal practitioner called on the relevant authorities to assign the case to a judge who would ensure expeditious hearing, given the urgent nature of the issue, reaffirming his commitment to pursue the case to its logical conclusion.
Amatonjie explained further that he instituted the suit to challenge the legality and constitutionality of President Tinubu’s declaration of a state of emergency in Rivers State, which was subsequently approved by the National Assembly.
“The declaration of emergency in a democratic setting must follow due process and be based on verifiable security threats. I am challenging this action because it sets a dangerous precedent and undermines constitutional governance,” he stated.
The legal battle comes amid growing political tension in Rivers State, and the outcome of the case is expected to set a significant legal precedent.
