A high-profile legal challenge against the declaration of a state of emergency in Rivers State suffered a setback on Thursday after the Federal High Court in Port Harcourt transferred the case to its Abuja Division.
The case, Suit No: FHC/PH/53/2025, filed by Port Harcourt-based legal practitioner Samuel Amatonjie, names President Bola Tinubu, the Attorney General of the Federation, the Senate, the House of Representatives, and the Sole Administrator of Rivers State as respondents.
The suit was slated for hearing before Justice Adamu Mohammed Turaki in Port Harcourt but was abruptly removed from the court’s docket. Upon arrival, Amatonjie was informed that the matter had been transferred to Abuja.
Speaking with journalists outside the courtroom, Amatonjie expressed shock and disappointment over the sudden development.
“I was told the case has been moved to the Abuja Division under Order 49 of the Federal High Court Civil Procedure Rules,” he said. “While I respect the court’s discretion, I have mixed feelings. This is a matter of great public interest and should have been heard here in Rivers, where the issue directly affects the people.”
He noted that other suits challenging the emergency declaration in Rivers State were also reportedly transferred to Abuja.
Amatonjie stressed the need for urgency in the matter, calling on the Chief Judge of the Federal High Court to swiftly assign the case to a judge to avoid unnecessary delays.
“My worry is that matters of this nature deserve expeditious hearing. Having transferred it to the FCT, I urge the judiciary to act quickly. Justice delayed is justice denied,” he added.
Amatonjie’s suit seeks to challenge the legality and constitutionality of the emergency declaration by President Tinubu, which was subsequently ratified by the National Assembly. He argues that such an action, particularly in a democratic setting, must be grounded in verifiable threats and follow due process.
“The declaration of emergency without credible justification is not only dangerous but also undermines the constitutional fabric of our democracy,” he said.
The suit adds a fresh layer to the political tensions gripping Rivers State, and legal experts suggest that its eventual outcome could set a precedent for future emergency declarations in Nigeria.