The Socio-Economic Rights and Accountability Project (SERAP) files a lawsuit against President Bola Tinubu, challenging what it describes as the “unlawful suspension” of Rivers State Governor Sim Fubara, his deputy, and members of the State House of Assembly.
The government announced the six-month suspension alongside the declaration of a state of emergency in Rivers State, a move SERAP argues violates constitutional provisions and undermines democratic governance.
Three members of SERAP’s Volunteers’ Lawyers Network (SVLN) in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho—filed the lawsuit at the Federal High Court in Abuja on Friday. They also listed Attorney General of the Federation and Minister of Justice Lateef Fagbemi (SAN) and retired Vice Admiral Ibok-Ete Ibas as defendants.
Filed under suit number FHC/ABJ/CS/558/2025, the case seeks an order to nullify the suspension of the elected officials and the appointment of Ibas as the Sole Administrator of Rivers State.
In a statement issued on Sunday by its Deputy Director, Kolawole Oluwadare, SERAP maintained that suspending elected officials without due process violates democratic principles and the rule of law.
“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 statement read.
SERAP further argued that Tinubu’s action contradicts both the Nigerian Constitution and international legal obligations, citing the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance.
The organization states that constitutional provisions, including Sections 1(2), 14(1)(c), 176(1)(2), and 305(1), ensure a balance of power and prevent executive overreach.
While Section 305 grants the president authority to declare a state of emergency, SERAP emphasized that this power is neither absolute nor superior to other constitutional safeguards.
“The suspension of democratically elected officials in Rivers State has seriously undermined the plaintiffs’ ability to participate in governance, the credibility of Nigeria’s electoral process, and the rule of law,” the statement added.
Among its legal demands, SERAP is asking the court to declare Tinubu’s actions “unlawful, unconstitutional, null, and void,” and to issue an injunction preventing the sole administrator from exercising authority in the state.
The court has not yet set a date for the hearing of the case.
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