While acknowledging that Section 305 grants the president authority to declare a state of emergency, SERAP stressed that this power is not absolute and must be exercised within constitutional limits.
Abuja, Nigeria – The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against President Bola Tinubu over the suspension of Rivers State Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly.
The suspension, which is set to last six months, was imposed following Tinubu’s declaration of a state of emergency in Rivers State. However, SERAP argues that the move is unconstitutional and undermines democratic governance.
The lawsuit, filed on Friday at the Federal High Court in Abuja, was brought forward by three members of SERAP’s Volunteers’ Lawyers Network (SVLN) in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho.
In the suit, numbered FHC/ABJ/CS/558/2025, the plaintiffs seek a court order nullifying the suspension of the elected officials and the appointment of retired Vice Admiral Ibok-Ete Ibas as the Sole Administrator of Rivers State. The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), and Vice Admiral Ibas have also been named as defendants.
In a statement issued on Sunday, SERAP’s Deputy Director, Kolawole Oluwadare, emphasized that suspending elected officials violates both Nigerian constitutional provisions and international legal obligations.
“The rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated,” SERAP stated.
The organization referenced the Nigerian Constitution, particularly Sections 1(2), 14(1)(c), 176(1)(2), and 305(1), arguing that these provisions establish a balance of rights and responsibilities, ensuring that presidential powers do not override democratic participation.
While acknowledging that Section 305 grants the president authority to declare a state of emergency, SERAP stressed that this power is not absolute and must be exercised within constitutional limits.
SERAP is asking the court to declare Tinubu’s actions “unlawful, unconstitutional, null, and void.” The plaintiffs are also seeking an injunction preventing Vice Admiral Ibas from performing the duties of a sole administrator in Rivers State.
According to SERAP, the suspension of the state’s elected officials undermines the credibility of Nigeria’s electoral process and threatens the rule of law.
“No date has been set for the hearing of the case,” the statement concluded.
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