The Court rejects the case against the suspension of Fubara as a governor of the rivers

Thursday the Federal Court of Abuja rejected a case in search of an order that declares the illegal of the suspension of President Bola Tinubu of the governor Siminalayi Fubara of the rivers.

Judge James Omotosho, in a sentence, believed that the high federal court was missing from jurisdiction to determine the validity of the presidential proclamation of a state of emergency in the country.

The judge Omotosho considered that only the Supreme Court had the exclusive and original jurisdiction to determine the validity of the declaration of an emergency rule by the president.

“No other court, except the Supreme Court, can listen to a question relating to an emergency announcement.

“This Court is the transfer of jurisdiction to listen to the validity of the power of the president to declare a state of emergency in the state of the rivers or suspend the governor, the deputy governor and the Chamber of the State Assembly,” he said.

The judge, who said that the matter could not be determined by the court without going to the validity of the presidential declaration, said that the jurisdiction of the court cannot be activated.

According to him, the empty nature of the case goes beyond the question of locus stars where this question was presented in other courts apart from the Supreme Court.

His words: “The process of origin should not have been accepted for filing in this Court.

“The argument of this case is clearly outside the jurisdiction of this Court.”

He said the court could not have arrogated the power he did not have to himself.

“The law is established that where a question does not fall within the jurisdiction of a court, it should refuse jurisdiction,” said the judge.

The Oomotosho judge also declared that the lawsuit was missing from the locus is an effectiveness (legal right) to establish the case.

The judge, who said that an individual cannot bring a cause that borders on all residents of a state, observed that the non -suspended people was part of the cause.

As he entered the substantial question, the judge claimed that from the results of the court, there were reasonable reasons for the president for declaring a state of emergency and appointing a single administrator for Rivers.

He believed that the announcement of the state of emergency and the suspension of the governor and others were adequate and in line with section 305, the law, having been made to avoid anarchy and chaos in the state.

The judge Omotosho declared that the law allows the president to exercise certain powers in the interest of public safety and public order.

“The President has duly exercised his power by appointing the only administrator for Rivers in accordance with section 305.”

He believed that the question that the president did not obtain two/third votes of the members of the National Assembly cannot be determined through evidence entrusted to the lawsuit.

“I carefully examined all the trials before this court.

“Four issues are left for the determination by this Court:

“If the object is part of the jurisdiction of this Court.

“If the sueds have the standing locus to establish this cause.

“If the 1st defendant (president) has the power to suspend the executive governor, the deputy governor and members of the assembly Chamber of the State of the Rivers.

“If the 1st defendant has the power to declare a state of emergency and appoint a single administrator for Rivers State,” he said.

The judge said even if the Court could exercise jurisdiction on the case, “the weight of the evidence is in favor of the defendants”,

“Consequently, this case is rejected in its entirety,” said the judge.

Freedomonline reports that Belema Briggs and four other complaints had sued the president; Federal Republic of Nigeria; Administrator of the rivers, deputy admiral IBOK-ETE IBAS (RTD.) And three others.

The complaint, among others, had sought a declaration that the president did not have the power to have removed Fubara and others.

They also sought a declaration that the President did not have the power to delegate the executive power of the Governor of Ibas.

“That the announcement is illegal and violation of the Constitution.”

The lawsuit also sought an order that put aside the suspension of the governor and an order that prohibited the IBAs to exercise the executive power of the governor, among others.