The Socio-Economic Rights and Accountability Project has taken legal action against President Bola Tinubu over what it describes as the “unlawful suspension” of Rivers State Governor Siminalayi Fubara, his deputy, and members of the House of Assembly.
The six-month suspension was announced alongside the declaration of a state of emergency in Rivers State, a move SERAP argues is unconstitutional and a threat to democratic governance.
The lawsuit, filed on Friday at the Federal High Court in Abuja, is led by three members of SERAP’s Volunteers’ Lawyers Network in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho. The Attorney General of the Federation, Lateef Fagbemi (SAN), and Vice Admiral Ibok-Ete Ibas (retd.), who was appointed as the state’s sole administrator, are also named as defendants.
SERAP’s 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 while proclaiming a state of emergency in the state” and another order nullifying the appointment of Vice Admiral Ibas as sole administrator.
In a statement issued on Sunday, SERAP’s Deputy Director, Kolawole Oluwadare, stressed that the decision undermines democratic rights.
“The rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated,” Oluwadare stated.
He further emphasized that democracy is built on respect for human rights and the rule of law, adding, “Nigeria’s democracy ought to have as its foundation respect for human rights and the rule of law.”
Citing both 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, SERAP insists that the suspension is unconstitutional.
“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 statement read.
SERAP also argued that while Section 305 of the Constitution grants the president the authority to declare a state of emergency, it does not give him unchecked power to suspend elected officials.
“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,” the organization asserted.
