The Socio-Economic Rights and Accountability Project (SERAP) has initiated legal action against President Bola Tinubu, challenging what they describe as the “unlawful suspension” of Rivers State’s democratically elected Governor, Deputy Governor, and House of Assembly members during the proclamation of a State of Emergency.
The lawsuit was filed by Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh–Sifumbukho, all members of SERAP’s Volunteers’ Lawyers Network (SVLN) in Rivers State. These plaintiffs are registered voters who participated in the 2023 general elections.
The Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, and Vice Admiral Ibok-Ete Ibas (Rtd) are also named as defendants in the case.
In the suit numbered FHC/ABJ/CS/558/2025, filed last Friday at the Federal High Court, Abuja, the plaintiffs seek “an order setting aside the suspension of the democratically elected officials in Rivers State by President Tinubu while proclaiming a state of emergency in the state.”
The plaintiffs seek: “an order setting aside the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the Sole Administrator of Rivers State.”
They want the court to declare that “by virtue of section 1(2) of the Nigerian Constitution 1999 (as amended), Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of the Constitution.”
In the suit, the plaintiffs argue that “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 suit filed on behalf of the plaintiffs by their lawyer, Ebun-Olu Adegboruwa, SAN, reads in part: “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 suspension is entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution 1999 [as amended] and the country’s obligations under article 13 of the African Charter on Human and Peoples’ Rights, and articles 2, 3 and 4 of the African Charter on Democracy, Elections and Governance.
“The combined provisions of sections 1(2), 14(1)(c), 176(1) (2) and 305(1) of the Nigerian 1999 Constitution create a delicate balance of rights and responsibilities, balancing the exercise of the President’s power against the people’s right to participation in their own government, and the notion of respect for the rule of law.”
“Democracy works best when everyone participates. The right to participation is the bedrock of any democratic society,” it reads.
The organisation tells the court that the “suspension of the democratically elected officials in Rivers state has seriously undermined the ability of the Plaintiffs to participate more effectively in their own government, and the credibility and integrity of the country’s electoral process, as well as the notion of the rule of law”.
No date has been fixed for the hearing of the suit.
