SERAP Sues President Tinubu Over Alleged Unconstitutional Suspension of Rivers State Governor, Deputy, and Lawmakers Amid State of Emergency Declaration
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 the Rivers State Governor, Deputy Governor, and members of the House of Assembly following the declaration of a state of emergency in the state.
The lawsuit, filed at the Federal High Court in Abuja (Suit No. FHC/ABJ/CS/558/2025), 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. These plaintiffs, who are registered voters in Rivers State and participated in the 2023 general elections, argue that their right to political participation has been violated.
Demands of the Plaintiffs
The plaintiffs are asking the court to:
- Declare that the President has no constitutional authority to suspend the democratically elected leaders of Rivers State while proclaiming a state of emergency.
- Set aside the suspension of the Governor, Deputy Governor, and House of Assembly members.
- Nullify the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the Sole Administrator of Rivers State.
- Restrain Vice Admiral Ibas from acting as the Sole Administrator of the state.
- Prevent the federal government from recognizing or enforcing the suspension of the elected officials.
Legal Basis for the Suit
The lawsuit, filed by lawyer Ebun-Olu Adegboruwa, SAN, argues that the suspension of elected officials contradicts the Nigerian Constitution and violates fundamental democratic principles. The plaintiffs cite Section 1(2) of the 1999 Constitution, which states that no individual or group can assume control of any part of Nigeria’s government except in accordance with the Constitution.
They further reference Sections 1(2), 14(1)(c), 176(1)(2), and 305(1), which they claim ensure a balance between presidential powers and citizens’ rights to participate in governance. They argue that the President’s authority under Section 305—used to declare the state of emergency—does not include the power to remove elected officials.
Additionally, the suit references Nigeria’s international obligations, including Article 13 of the African Charter on Human and Peoples’ Rights and Articles 2, 3, and 4 of the African Charter on Democracy, Elections, and Governance, which emphasize the importance of democratic participation and the rule of law.
Concerns About Democracy and the Rule of Law
SERAP argues that allowing the President to suspend elected leaders arbitrarily undermines Nigeria’s democracy and sets a dangerous precedent for governance. The plaintiffs emphasize that the rule of law is fundamental to democracy and warn that unchecked executive actions could lead to authoritarianism.
“Democracy works best when everyone participates,” the suit states. “The suspension of elected officials in Rivers State has seriously undermined the credibility of Nigeria’s electoral process and the rule of law.”
The plaintiffs assert that the principle of fairness should guide the exercise of presidential powers, ensuring that democratic institutions remain intact even during a state of emergency. They further argue that government agencies must operate within constitutional boundaries to prevent abuses of power.
Awaiting Court Decision
As the legal battle unfolds, SERAP and the plaintiffs await the court’s decision on whether President Tinubu’s suspension of Rivers State’s elected officials will stand or be overturned.
No date has been fixed for the hearing of the case.
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