SERAP fights Tinubu over Rivers officials' suspension in landmark legal battle. Pic: Gettyimages
Abuja, Nigeria (EPICSTORIAN) – A lawsuit has been filed against President Bola Tinubu by the Socio-Economic Rights and Accountability Project (SERAP) over the suspension of Rivers State’s elected officials.
The legal action disputes the removal of Governor Siminalayi Fubara, his deputy, and members of the House of Assembly under the emergency rule declaration.
Filed at the Federal High Court in Abuja, the case is being pursued by Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh–Sifumbukho, members of the SERAP Volunteers’ Lawyers Network (SVLN) in Rivers State.
Also listed as defendants are Attorney General Lateef Fagbemi, SAN, and Vice Admiral Ibok-Ete Ibas (Rtd), appointed as Sole Administrator.
SERAP contends that the suspension of elected officials contradicts Nigeria’s 1999 Constitution (as amended) and violates democratic principles.
The case, numbered FHC/ABJ/CS/558/2025, argues that emergency powers granted under Section 305 do not authorize the removal of elected officials.
“Democracy is an inherent element of the rule of law,” lawyer Ebun-Olu Adegboruwa, SAN, stated in the court filing. “Nigeria’s democracy must be rooted in respect for human rights and constitutional processes.”
Citing provisions from the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance, the plaintiffs argue that suspending elected leaders undermines democratic stability and restricts citizens’ right to political participation.
The lawsuit seeks several legal remedies, including:
A court declaration that the President lacks constitutional authority to suspend the elected Governor, Deputy Governor, and lawmakers while enforcing emergency rule.
An injunction preventing Vice Admiral Ibas from acting as Sole Administrator of Rivers State.
A ruling confirming that only constitutional provisions determine the removal of elected officials.
According to the legal filing, emergency powers must be exercised within constitutional limits. SERAP warns that failure to uphold these principles risks setting a precedent where democratic structures are sidelined under executive decisions.
SERAP’s Broader Legal Argument
SERAP insists that constitutional provisions already define checks and balances for handling political crises. The lawsuit argues that “Section 305 does not override the fundamental rights enshrined in the Constitution.”
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Further, the legal team points out that emergency rule should not be a tool for removing elected officials, as doing so erodes confidence in governance and the electoral process.
No date has been set for the court hearing.
