Arthur Richard
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu, challenging what it describes as the unconstitutional suspension of the Rivers State Governor, Deputy Governor, and Members of the House of Assembly under the guise of a state of emergency.
The suit, lodged at the Federal High Court in Abuja, questions the legality of Tinubu’s decision to remove elected officials from office while exercising emergency powers.
It was filed by three legal practitioners from the SERAP Volunteers’ Lawyers Network (SVLN) in Rivers State — Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh–Sifumbukho — who are also registered voters and participated in the 2023 general elections.
The case, numbered FHC/ABJ/CS/558/2025, lists the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), and retired Vice Admiral Ibok-Ete Ibas, who was appointed as the Sole Administrator of Rivers State, as co-defendants.
SERAP argued that the suspension of elected officials violates Nigeria’s 1999 Constitution and undermines democratic governance.
The plaintiffs are seeking an order from the court to nullify the suspension and set aside Ibas’ appointment as Sole Administrator.
“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 plaintiffs asserted in their suit, which was prepared by their legal representative, Ebun-Olu Adegboruwa (SAN).
The lawsuit contended that democracy and the rule of law form the foundation of Nigeria’s constitutional system, stating:
“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 suspension is entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution 1999 (as amended) and the country’s obligations under the African Charter on Human and Peoples’ Rights, as well as the African Charter on Democracy, Elections, and Governance,” the suit added.
The lawyers further argued that while Section 305 of the Constitution empowers the president to declare a state of emergency, it does not grant him the authority to unilaterally suspend elected officials.
Instead, they maintain that any such action must comply with democratic principles and legal processes.
The organisation is seeking a declaration that there is no constitutional provision allowing the president to suspend a governor, deputy governor, or lawmakers during a state of emergency, a declaration that the suspension of the Rivers State officials on March 18, 2025, is unconstitutional, null, and void, an order nullifying the appointment of Vice Admiral Ibas as Sole Administrator of Rivers State, an injunction preventing Ibas from acting in the capacity of a Sole Administrator, and an order restraining all defendants from treating the suspended officials as if they are no longer in office.
The plaintiffs emphasise that democratic governance thrives on participation, arguing that removing elected officials without due process threatens Nigeria’s democratic structure.
“The combined effect of constitutional provisions is that democracy works best when everyone participates.
“The right to participation is the bedrock of any democratic society,” they stated in the suit.
SERAP warned that Tinubu’s actions could set a dangerous precedent, paving the way for future administrations to undermine democracy by sidelining elected leaders at will.
“If such actions go unchallenged, they could lead to authoritarian governance, where elected officials are removed arbitrarily, disregarding the people’s electoral mandate,” the group cautioned.
As of the time of filing this report, no date has been fixed for the hearing of the case.
