The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against President Bola Tinubu over what it calls the “unlawful suspension” of Rivers State Governor, his deputy, and members of the State House of Assembly.
The six-month suspension was implemented following the president’s declaration of a state of emergency in Rivers State.
SERAP argues that the suspension violates constitutional provisions and undermines democratic governance in Nigeria.
The lawsuit, filed on Friday at the Federal High Court in Abuja, was initiated by three members of SERAP’s Volunteers’ Lawyers Network (SVLN) in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho.
Also named as defendants are the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), and Vice Admiral Ibok-Ete Ibas (retd.), who has been appointed as the Sole Administrator of Rivers State.
The suit, numbered FHC/ABJ/CS/558/2025, seeks “an order setting aside the suspension of the democratically elected officials in Rivers State by President Tinubu during the state of emergency” and “an order setting aside the appointment of Vice Admiral Ibok-Ete Ibas (retd.) as the Sole Administrator of Rivers State.”
In a statement on Sunday, SERAP Deputy Director Kolawole Oluwadare emphasized that “the rule of law would become meaningless if the people’s right to participate in governance can be arbitrarily suspended or violated.”
“Democracy is an integral component of the rule of law. Nigeria’s democracy should be grounded in respect for human rights and the rule of law,” the statement read.
SERAP argues that the suspension contravenes both the Nigerian Constitution and international legal obligations, including the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance.
“The combined provisions of Sections 1(2), 14(1)(c), 176(1)(2), and 305(1) of the Nigerian Constitution establish a delicate balance of rights and responsibilities, ensuring that the exercise of presidential power does not override the people’s right to participate in governance,” the organization asserts.
It further contends that Section 305, which grants the president powers to declare a state of emergency, “is not absolute nor superior to other provisions of the Constitution,” and must be exercised in a manner that respects democratic participation.
“The suspension of the democratically elected officials in Rivers State has significantly hindered the plaintiffs’ ability to engage in their own government, compromised the credibility of Nigeria’s electoral process, and undermined the rule of law,” SERAP states.
Among the other reliefs sought, the plaintiffs request a declaration that President 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 yet been set for the hearing of the suit,” the statement concluded.
