The Federal High Court in Abuja has scheduled March 9 for judgment in a fresh lawsuit questioning President Bola Tinubu’s authority to remove elected state officials during a state of emergency.

The case, filed by Civil Society Observatory for Constitutional and Legal Compliance (CSOCLC), challenges the president’s actions following the state of emergency declared in Rivers State last year. The NGO contends that while the Constitution allows the president to declare an emergency under Section 305, it does not permit the suspension or removal of elected executive or legislative officers, nor the appointment of interim administrators.

During proceedings, Justice James Omotosho noted that similar cases had previously been dismissed due to jurisdictional issues under the now-obsolete Emergency Powers (Jurisdiction) Act of 1962. He also cited a Supreme Court ruling from December 15, 2025, which dismissed a related suit on procedural grounds.

The plaintiff’s counsel, Nnamdi Nwokocha-Ahaaiwe, acknowledged these prior rulings but argued they were flawed. He maintained that the 1962 Act is a “spent law” removed before the 1999 Constitution and that any presidential order relying on it in 2025 is therefore “unconstitutional, null, and void.” He added that Section 305 of the Constitution fully governs emergency powers, leaving no room for executive modifications.

Defense lawyers for the president and the Attorney-General of the Federation argued that only the Supreme Court has original jurisdiction over disputes of this nature and urged the court to strike out the suit.

The plaintiffs had sought 26 reliefs, including a declaration that Rivers State cannot be governed by an appointed administrator, retired Vice Admiral Ibok-Ete Ekwe Ibas, outside constitutional provisions.

The case has reignited a significant constitutional debate over the scope of emergency powers, previously thought settled.