A Port Harcourt-based legal practitioner and human rights activist, Samuel Amatonjie, has filed a suit at the Federal High Court challenging the proclamation of a state of emergency in Rivers State by President Bola Ahmed Tinubu.
The case, suit no. FHC/PH/CS/53/2025 was initially filed at the Federal High Court, Port Harcourt, before Justice A. T. Muhammad, but was later transferred to Federal High Court 7, Abuja, where it is now being handled by Justice J. K. Omotosho, who has reserved judgment for October 22, 2025.
The defendants in the case include: President of the Federal Republic of Nigeria, Attorney-General of the Federation, the National Assembly, the President of the Senate, Speaker of the House of Representatives, the Sole Administrator of Rivers State, Vice Admiral Ibok-Ete Ekwe Ibas (Rtd.)
Amatonjie is seeking several declaratory reliefs, including a ruling that the approval of the state of emergency through a voice vote by the National Assembly on March 20, 2025, is unconstitutional as it failed to meet the two-thirds majority requirement stipulated in Section 305(6)(b) of the 1999 Constitution (as amended).
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He further contends that the proclamation of a state of emergency on March 18, 2025, which allegedly suspended the democratically elected Governor, Sir Siminalayi Fubara, and Deputy Governor, Mrs Ngozi Odu, while appointing a sole administrator, is unlawful and unconstitutional.
The plaintiff is also challenging the legality of the oath of office administered to the sole administrator, arguing that there is no constitutional provision for an oath of office of a sole administrator under the Seventh Schedule of the Nigerian Constitution.
Speaking on the matter, Amatonjie reaffirmed his commitment to pursue the case to the Supreme Court if dissatisfied with the judgment of the Federal High Court.
“This case is not just about Rivers State,” he said. “It is about the sanctity of the Constitution and the preservation of democratic governance in Nigeria.”
