The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over what it calls the “unlawful suspension” of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the State House of Assembly, ThisDay Nigeria reports.
Last Tuesday, President Tinubu declared a state of emergency in Rivers State, suspending the governor and other elected officials for an initial six-month period.
He justified his decision by citing “the disturbing” violence in the state over the past 24 hours, which included explosions and pipeline vandalism linked to the ongoing political crisis.
The President based his action on Section 305 of the 1999 Nigerian Constitution, but the move has faced criticism from various groups, including the Peoples Democratic Party (PDP), the Nigerian Bar Association, opposition leaders, and legal experts.
In a Sunday statement, SERAP argued that the decision violates constitutional provisions and weakens democratic governance.
The group revealed that it filed the lawsuit on Friday at the Federal High Court in Abuja through three members of its Volunteers’ Lawyers Network (SVLN) in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho.
SERAP Deputy Director Kolawole Oluwadare stated, “The rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated.”
He added, “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 group argued that the suspension contradicts the Nigerian Constitution and international legal obligations, referencing the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance.
It stated, “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.”
