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The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over what it calls the “unlawful suspension” of the Rivers State Governor, Deputy Governor, and Members of the House of Assembly while declaring a state of emergency in the state.
The suit, filed at the Federal High Court in Abuja under case number FHC/ABJ/CS/558/2025, is brought by members of SERAP Volunteers’ Lawyers Network (SVLN) in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho. The plaintiffs, who are registered voters in Rivers, argue that the suspension violates their constitutional right to participate in governance.
Joined as defendants in the suit are Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, and Vice Admiral Ibok-Ete Ibas (Rtd), who was appointed as the Sole Administrator of Rivers State.
The plaintiffs are seeking a court order to:
Nullify the suspension of elected officials in Rivers State.
Set aside the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as Sole Administrator.
Declare that the removal of elected officials without due process violates Section 1(2) of the Nigerian Constitution, which prohibits governance outside constitutional provisions.
The suit, filed by human rights lawyer Ebun-Olu Adegboruwa, SAN, argues that Tinubu’s action undermines democracy and violates Nigeria’s obligations under international charters, including the African Charter on Human and Peoples’ Rights.
“Democracy is built on the rule of law, and the arbitrary suspension of elected officials weakens the credibility of governance and elections,” the plaintiffs stated.
They further contend that Section 305 of the 1999 Constitution, which grants the President emergency powers, is not absolute and must be exercised in a way that respects democratic principles.
SERAP insists that setting aside constitutional processes in the name of a state of emergency could lead to authoritarianism and undermine fundamental rights.
