The Socio-Economic Rights and Accountability Project (SERAP) has dragged President Bola Tinubu to court for his “illegal suspension” Siminalayi Fubara, the governor of Rivers state, his deputy, and members of the house of assembly.
The six-month suspension announced by Tinubu while declaring a state of emergency in Rivers state, according to SERVAP, is a violation of the constitutional provisions and threatens democratic governance.
The lawsuit, filed at the federal high court in Abuja on Friday, 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.
Lateef Fagbemi, the attorney-general of the federation and minister of justice, and Ibok-Ete Ibas, the sole administrator of Rivers, were joined in the suits 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 Kolawole Oluwadare, its deputy director, 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 reads.
Citing the African charter on human and peoples’ rights and the African charter on democracy, elections, and governance, SERAP noted 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 said.
“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 in the suit is asking the court for a declaration that Tinubu’s acts are “unlawful, unconstitutional, null, and void” and an injunction barring the designated sole administrator from functioning in that role.
No date has been fixed for the hearing of the suit,” the statement concluded.
