The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over what it described as the “unlawful suspension” of Rivers State Governor, Deputy Governor, and Members of the House of Assembly while declaring a state of emergency in the state.
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EKO HOT BLOG reports that the suit was filed at the Federal High Court in Abuja by three members of SERAP’s Volunteers’ Lawyers Network (SVLN) in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho.
The plaintiffs, who are registered voters in the state, argue that Tinubu’s actions violate the 1999 Constitution.
The lawsuit, registered as FHC/ABJ/CS/558/2025, also names Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), and Vice Admiral Ibok-Ete Ibas (Rtd), who was appointed Sole Administrator of Rivers State, as defendants.
The plaintiffs are seeking a court order to:
SERAP contends that the suspension of elected officials contradicts constitutional provisions, particularly Sections 1(2), 14(1)(c), 176(1)(2), and 305(1). The group argues that even in a state of emergency, democratic processes and citizen participation must be respected.
The lawsuit also invokes international legal frameworks, including the African Charter on Human and Peoples’ Rights, as well as the African Charter on Democracy, Elections, and Governance, to challenge the suspension.
“The rule of law would be meaningless if the people’s right to participate in governance can be arbitrarily taken away,” the suit states.
Among other demands, SERAP is asking the court to:
Declare that no section of the Nigerian Constitution allows a President to suspend a Governor or lawmakers while declaring a state of emergency.
Restrain the Federal Government and its agents from treating the Rivers State Governor, Deputy Governor, and lawmakers as suspended.
Block Vice Admiral Ibas from acting as Sole Administrator.
The case has not yet been scheduled for hearing.
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