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, and members of the House of Assembly.
The six-month suspension was announced as part of the president’s proclamation of a state of emergency in the state. However, SERAP argues that the decision violates constitutional provisions and undermines democratic governance.
The lawsuit, filed on Friday at the Federal High Court in Abuja, 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. The suit, numbered FHC/ABJ/CS/558/2025, also joins Attorney General of the Federation and Minister of Justice Lateef Fagbemi (SAN) and Vice Admiral Ibok-Ete Ibas (retd.) as defendants.
Among other demands, SERAP is seeking “an order setting aside the suspension of the democratically elected officials in Rivers State” and the nullification of Vice Admiral Ibok-Ete Ibas’s appointment as the Sole Administrator of Rivers State.
In a statement on Sunday, SERAP’s Deputy Director, Kolawole Oluwadare, emphasized 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.” The group insists that Tinubu’s actions contradict both the Nigerian Constitution and international legal obligations, including the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance.
SERAP further argues that while Section 305 of the Constitution grants the president powers to declare a state of emergency, it does not allow the suspension of elected officials, stressing that such a move undermines democracy.
“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 stated.
The plaintiffs are asking the court for a declaration that the president’s actions are “unlawful, unconstitutional, null, and void” and an injunction restraining the appointed sole administrator from acting in that capacity.
No date has been set for the hearing of the case.
