- Rights Group Demands Court Reversal of State of Emergency Actions
- Says Move Violates Constitution, Undermines Democracy
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over the suspension of Rivers State Governor, his deputy, and members of the House of Assembly.
The rights group contends that the six-month suspension, announced alongside the declaration of a state of emergency in the state, is unconstitutional and a threat to democratic governance.
The suit, filed at the Federal High Court in Abuja on Friday, is led by three members of SERAP’s Volunteers’ Lawyers Network 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 was appointed as the state’s sole administrator.
SERAP: Suspension Violates Rule of Law
In a statement on Sunday, SERAP’s Deputy Director, Kolawole Oluwadare, emphasized that the suspension contradicts Nigeria’s constitutional provisions and international legal commitments.
“The rule of law would be a mere figure of speech if the people’s right to participation in governance can be arbitrarily suspended. Democracy must be built on respect for human rights and the rule of law,” SERAP stated.
The organization argues that the Nigerian Constitution and the African Charter on Human and Peoples’ Rights prohibit any action that removes democratically elected officials without due process.
Court Asked to Nullify Suspension, Halt Sole Administrator’s Appointment
The suit, numbered FHC/ABJ/CS/558/2025, seeks an order setting aside the suspension of the elected officials and nullifying the appointment of Vice Admiral Ibok-Ete Ibas as the state’s sole administrator. SERAP insists that the president’s power under Section 305 of the Constitution to declare a state of emergency does not override citizens’ rights to participate in governance.
“The suspension of the elected officials in Rivers State undermines democratic principles, erodes electoral integrity, and threatens the rule of law,” SERAP argued.
The plaintiffs are also asking the court to declare Tinubu’s actions “unlawful, unconstitutional, null, and void” and to issue an injunction preventing Ibas from acting as the state’s administrator.
As the legal battle unfolds, observers await the court’s decision on a case that could have far-reaching implications for Nigeria’s democracy and governance. No date has been set for the hearing.
