The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over the suspension of democratically elected officials in Rivers State, including Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and Members of the House of Assembly.
Fubara, his deputy, and the Rivers lawmakers were suspended last week by Tinubu following the declaration of a state of emergency in the state, citing political unrest and security concerns.
The lawsuit was brought by Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho, members of the SERAP Volunteers’ Lawyers Network (SVLN) in Rivers State. The plaintiffs, who are registered voters, participated in the 2023 general elections.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), and Vice Admiral Ibok-Ete Ibas (Rtd) are named as defendants in the case.
Filed last Friday at the Federal High Court, Abuja, under suit number FHC/ABJ/CS/558/2025, the plaintiffs are seeking an order to overturn the suspension of the elected officials in Rivers State. They are also challenging the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the sole administrator of the state.
The plaintiffs argue that the Nigerian Constitution prohibits governance outside its provisions and that the rule of law would be undermined if the people’s right to participate in government can be arbitrarily suspended.
The suit filed on behalf of the plaintiffs by their lawyer, Ebun-Olu Adegboruwa, SAN, read 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.”
“Together, these constitutional provisions presume that presidential powers under Section 305 are to be exercised fairly and the duty of fairness requires that the people’s right to participation and democracy should be upheld even in the context of a declaration of state of emergency in Rivers State.”
“The combined effect of the provisions of sections 1(2), 14(1)(c), 176(1)(2), and 305(1) of the 1999 Constitution is that the suspension of democratically elected officials in Rivers State is unlawful and unconstitutional.”
“Democracy works best when everyone participates. The right to participation is the bedrock of any democratic society.”
“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.”
“The rule of law ought to be protected to ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations.”
“Where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory or constitutional duties, the end result will be anarchy and authoritarianism, leading to the loss of constitutionally guaranteed freedom and liberty.”
“Section 305 of the 1999 Constitution is neither absolute nor superior to other provisions of the Constitution. Rather, it is expressly made subject to other constitutional provisions.”
“The phrase ‘Subject to’ as a legislative device is used in a constitutional provision or statutory enactment to make the provision of the section inferior, dependent on, or limited and restricted in application to the section to which they are made subject.”
