The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against President Bola Tinubu over what it describes as the “unlawful suspension” of Rivers State’s governor, deputy governor, and House of Assembly members under the guise of a state of emergency.
The suit, filed at the Federal High Court in Abuja, was brought forward by members of SERAP’s Volunteers’ Lawyers Network in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho—who are registered voters in the state.
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The lawsuit also names the Attorney-General of the Federation, Lateef Fagbemi, and Vice Admiral Ibok-Ete Ibas (retd.), the newly appointed sole administrator of Rivers State, as defendants.
The plaintiffs are seeking a court order to nullify the suspension of the elected officials and to overturn the appointment of Vice Admiral Ibas as the state’s sole administrator. They argue that these actions violate constitutional provisions that guarantee democratic governance.
According to the suit, the suspension undermines democracy and contradicts the rule of law. “Democracy is built on respect for human rights and the rule of law. Arbitrarily suspending elected officials erodes the people’s right to participation and governance,” the plaintiffs stated.
They further contend that President Tinubu’s actions conflict with Nigeria’s obligations under international treaties, including the African Charter on Human and Peoples’ Rights.
The legal filing, led by prominent lawyer Ebun-Olu Adegboruwa, asserts that “Presidential powers under Section 305 of the 1999 Constitution are not absolute. The exercise of these powers must align with constitutional principles that uphold democracy, participation, and the rule of law.”
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SERAP warns that allowing such actions to stand sets a dangerous precedent where constitutional rights can be suspended at will. “Democracy thrives when people are active participants. The unlawful removal of elected officials not only disenfranchises the people but also threatens the integrity of Nigeria’s electoral process,” the suit argues.
The organization maintains that a declaration of a state of emergency does not justify overriding constitutional provisions. “If government institutions operate without checks and balances, democracy is at risk of being replaced by authoritarianism,” it added.
SERAP has called on the court to reaffirm the supremacy of the Constitution and ensure that Rivers State is governed in line with democratic principles, warning that failure to do so could set Nigeria on a path toward unchecked executive overreach
