In a statement on Thursday, Attoni, Managing Solicitor of the Law Office of D. Tella Attoni & Co. and Notary Public, acknowledged the timeliness of the ruling but strongly disagreed with its findings.
The counsel to some Rivers State residents, Tella Attoni, has vowed to appeal the Federal High Court’s judgment on the controversial proclamation of "state of emergency rule" in Rivers State.
In a statement on Thursday, Attoni, Managing Solicitor of the Law Office of D. Tella Attoni & Co. and Notary Public, acknowledged the timeliness of the ruling but strongly disagreed with its findings.
"I commend the Federal High Court for delivering its judgment within the constitutionally prescribed 90 days in respect of the case I filed on behalf of the people of Rivers State, challenging the President’s decision to suspend our democratically elected government."
He, however, insisted that the judgment could not stand unchallenged.
"While I respectfully disagree with the entirety of the judgment — particularly the finding that the Court lacked jurisdiction — my clients will, without delay, be testing these issues on appeal. I nonetheless acknowledge the courage of the trial court in going beyond the question of jurisdiction to also pronounce on the substantive constitutional issues of grave public and national importance."
Attoni further stressed that the decision had provided grounds for a deeper legal test.
"This ensures that both parties, and ultimately the appellate courts, have a full record upon which the reasoning can be carefully scrutinised."
The trial court’s key rulings included: "That residents of Rivers State have no locus standi to challenge the Proclamation of a State of Emergency."
"That the Sole Administrator or Attorney General of Rivers State is the proper authority to institute or maintain such an action."
"That only the Supreme Court, and not the Federal High Court, has jurisdiction to determine issues relating to a State of Emergency."
"That once a Proclamation is made, the President may lawfully suspend both the Executive and Legislative arms of a State government."
Attoni confirmed that his clients would pursue an immediate appeal to challenge the findings.
Earlier, SaharaReporters reported that the Federal High Court in Abuja dismissed a lawsuit challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State earlier this year, ruling that the President acted within his constitutional powers.
Justice James Omotosho held that the claim brought by the plaintiffs lacked merit, noting that the President’s justification for the emergency rule was “undisputed.”
"The President’s claim that the emergency prevented a breakdown of law and order was undisputed,” Justice Omotosho said.
He further ruled that allegations of a breach of fundamental rights could not stand, as the President had acted under the appropriate Emergency Rule Order.
The judge added that the suit was frivolous and baseless, emphasising that the plaintiffs lacked the authority to sue on behalf of residents of Rivers.
"The plaintiffs did not obtain the consent of Rivers’ citizens before filing,” he noted.