A suit filed by a Port Harcourt-based legal practitioner, Samuel Amatonjie, challenging the declaration of a state of emergency in Rivers State by President Bola Tinubu has been transferred from the Federal High Court Port Harcourt to the Abuja Division of the Court for hearing.

The suit, which also lists the Attorney General of the Federation, the Nigerian Senate, House of Representatives, and the Sole Administrator of Rivers State as respondents, was initially scheduled to be heard in Port Harcourt.

However, an official of the court, who spoke on condition of anonymity, confirmed that not only Amatonjie’s suit but all matters related to the declaration of emergency rule in Rivers State have been transferred to Abuja.

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 cited Order 49 of the Federal High Court Civil Procedure Rules as the basis given for the transfer.

“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 is 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 expedite hearing.”

He called on the relevant authorities to assign the case to a judge who would ensure expedited hearing, given the urgent nature of the issue. He also reaffirmed his commitment to pursue the case to its logical conclusion.

Amatonjie explained that he instituted the suit to challenge the legality and constitutionality of the declaration of a state of emergency in Rivers State by President Tinubu, 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 could set a significant legal precedent.

Also reacting to the development, another Port Harcourt based lawyer, Dolapo Attoni thumbed down the transfer of the case to the FCT Abuja Divisions without any recourse to litigants involved as wrong and a beach of the constitution.

“A matter of significant public interest and national importance ought not to be treated with levity or procedural laxity.”

“The unilateral transfer of suit No.: FHC/PH/CS/51/2025: Belema Briggs & 4 others vs. the President Federal Republic of Nigeria & 4 ors., properly commenced before the Federal High Court, Port Harcourt Judicial Division, to the Federal Capital Territory, Abuja, without notice or communication to the parties or their respective legal representatives, is procedurally irregular, manifestly improper, and constitutes a grave breach of the fundamental principles of fair hearing as enshrined in the Constitution. Such an act undermines the integrity of judicial proceedings and erodes public confidence in the administration of justice.”