SERAP sues Tinubu over suspension Fubara, others in Rivers State

The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against President Bola Tinubu over what it describes as the unlawful suspension of the democratically elected Governor, Deputy Governor, and Members of the House of Assembly of Rivers State, following the President’s proclamation of a State of Emergency in the state.

The lawsuit, filed by Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho—who are members of SERAP Volunteers’ Lawyers Network (SVLN) in Rivers State—challenges the legality of Tinubu’s actions.

The plaintiffs, registered voters who participated in the 2023 general elections, argue that the President’s move violates constitutional provisions and undermines democracy in Nigeria.

The suit, numbered FHC/ABJ/CS/558/2025, was filed last Friday at the Federal High Court, Abuja. It names as defendants the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, and Vice Admiral Ibok-Ete Ibas (Rtd), who was appointed as the Sole Administrator of Rivers State following the suspension of elected officials.

The plaintiffs seek a court order setting aside both the suspension of the elected officials and the appointment of a Sole Administrator, arguing that these actions are unconstitutional.

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The suit, filed on behalf of the plaintiffs by their lawyer, Ebun-Olu Adegboruwa, SAN, asserts that the rule of law must be upheld and that any attempt to arbitrarily suspend elected officials sets a dangerous precedent.

According to the lawsuit, “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 suit further claims that the suspension is inconsistent with both the Nigerian Constitution and international obligations under the African Charter on Human and Peoples’ Rights, as well as the African Charter on Democracy, Elections, and Governance.

The plaintiffs argue that the suspension of elected officials contradicts multiple constitutional provisions, including Sections 1(2), 14(1)(c), 176(1)(2), and 305(1) of the 1999 Constitution.

They assert that these provisions balance presidential powers with the people’s right to participate in governance, even in emergency situations.

“The combined effect of these provisions is that the suspension of democratically elected officials in Rivers State is unlawful and unconstitutional,” the suit states.

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The plaintiffs are seeking several declarations and court orders, including:

A declaration that there is no provision in the Nigerian Constitution empowering the President to suspend elected officials while proclaiming a State of Emergency under Section 305.

A declaration that Nigeria must be governed only in accordance with the Constitution and that no individual or group can take control outside its provisions.

A declaration that Tinubu’s suspension of Rivers State officials is unconstitutional, null, and void.

A declaration that the appointment of a Sole Administrator violates constitutional provisions and must be annulled.

An order setting aside the suspension of elected officials and the appointment of a Sole Administrator.

SERAP and the plaintiffs argue that arbitrary suspensions of elected officials weaken democracy and discourage political participation. “Democracy works best when everyone participates,” the lawsuit emphasizes. It warns that unchecked executive actions could lead to authoritarian rule and undermine citizens’ rights.

The case is expected to test the limits of presidential powers in Nigeria’s constitutional democracy. As of now, no date has been set for the hearing of the suit.