President Bola Tinubu has been sued by the Socio-Economic Rights and Accountability Project for what it claims is the “illegal suspension” of the governor of Rivers State, his deputy, and members of the House of Assembly.
The six-month suspension was announced as the president declared a state of emergency in the state, and according to SERAP, the decision violates constitutional provisions and threatens democratic governance.
Three members of SERAP’s Volunteers’ Lawyers Network (SVLN) in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho—started the lawsuit, which was filed at the Federal High Court in Abuja on Friday.
Vice Admiral Ibok-Ete Ibas (retd.) and Lateef Fagbemi (SAN), the Attorney General of the Federation and Minister of Justice, have also been added as defendants.
The suit, numbered FHC/ABJ/CS/558/2025, demands “an order setting aside the suspension of the democratically elected officials in Rivers State by President Tinubu while proclaiming a state of emergency in the state” and “an order setting aside the appointment of Vice Admiral Ibok-Ete Ibas (retd.) as the Sole Administrator of Rivers State.”
SERAP, in a statement by its Deputy Director Kolawole Oluwadare on Sunday, argued that “the rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated.”
“Democracy is an inherent element of the rule of law. Nigeria’s democracy ought to have as its foundation respect for human rights and the rule of law,” the statement read.
Citing the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance, SERAP maintains that the suspension is in violation of both international law and the Nigerian Constitution.
“The combined provisions of Sections 1(2), 14(1)(c), 176(1)(2), and 305(1) of the Nigerian Constitution create a delicate balance of rights and responsibilities, ensuring that the exercise of presidential power does not override the people’s right to participate in their own governance,” the organisation asserted.
Additionally, it maintained that the president’s authority to proclaim a state of emergency under Section 305 “is neither absolute nor superior to other provisions of the Constitution,” emphasising that the use of this authority must support democratic participation.
“The suspension of the democratically elected officials in Rivers State has seriously undermined the ability of the plaintiffs to participate more effectively in their own government, the credibility and integrity of the country’s electoral process, and the notion of the rule of law,” SERAP stated.
READ ALSO: Manhunt Intensifies as Gunmen Demand N100m Ransom for Abducted Naval Officer, Others
Among other reliefs sought, the plaintiffs are asking the court for a declaration that Tinubu’s actions are “unlawful, unconstitutional, null, and void” and an injunction restraining the appointed sole administrator from acting in that capacity.
“No date has been fixed for the hearing of the suit,” the statement concluded.
