The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against President Bola Tinubu, challenging what it describes as the “unlawful suspension” of Rivers State Governor, his deputy, and members of the House of Assembly.
The six-month suspension was announced in conjunction with the president’s proclamation of a state of emergency in the state. SERAP argues that this decision directly violates the Nigerian Constitution and weakens democratic governance.
The lawsuit, filed at the Federal High Court in Abuja on Friday, was initiated by members of the SERAP Volunteers’ Lawyers Network (SVLN) in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), and Vice Admiral Ibok-Ete Ibas (retd.), who was appointed as the Sole Administrator of Rivers State, have also been named as defendants in the case.
With the suit numbered FHC/ABJ/CS/558/2025, SERAP is seeking a court order to nullify the suspension of the elected officials, arguing that such a move is unconstitutional.
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The organisation is also demanding the immediate reversal of Vice Admiral Ibok-Ete Ibas’ appointment, insisting that the replacement of elected officials with a sole administrator is an abuse of executive power.
In a statement released on Sunday by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation emphasized that the rule of law becomes meaningless when the people’s right to participation in governance is arbitrarily suspended.
According to SERAP, democracy is rooted in the principles of human rights and the rule of law, and any attempt to suppress elected representatives contradicts these fundamental values.
The legal argument hinges on the Nigerian Constitution and international legal frameworks, including the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance.
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SERAP asserts that various sections of the Nigerian Constitution, particularly Sections 1(2), 14(1)(c), 176(1)(2), and 305(1), create a balance between executive power and the people’s right to governance.
While the constitution grants the president the authority to declare a state of emergency, the organisation argues that this power is neither absolute nor superior to the broader democratic rights of the citizens.
The suspension of Rivers State officials, according to SERAP, not only undermines governance in the state but also damages the integrity of Nigeria’s electoral process and the credibility of democratic institutions.
The plaintiffs are seeking a declaration that President Tinubu’s actions are unlawful and unconstitutional, and they are requesting an injunction to prevent the appointed sole administrator from assuming authority.
As the legal battle unfolds, no date has been set for the hearing of the suit. The case raises critical questions about the limits of executive power, the sanctity of democratic governance, and the rule of law in Nigeria. Will the court uphold the principles of democracy, or will the president’s actions set a new precedent? Nigerians will be watching closely.
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