SERAP Sues President Tinubu Over Suspension of Fubara, Rivers Lawmakers





SERAP Sues President Tinubu Over Suspension of Fubara, Rivers Lawmakers

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Ahmed Tinubu, challenging the suspension of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the Rivers State House of Assembly following the President’s declaration of a state of emergency in the state.

The suit, filed at the Federal High Court in Abuja, was initiated by Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh–Sifumbukho, members of SERAP’s Volunteers’ Lawyers Network (SVLN) in Rivers State and registered voters. Also named as defendants are the Attorney General of the Federation, Mr. Lateef Fagbemi, SAN, and Vice Admiral Ibok-Ete Ibas (Rtd), who was appointed as the Sole Administrator of Rivers State.

In suit number FHC/ABJ/CS/558/2025, the plaintiffs, represented by renowned human rights lawyer Ebun-Olu Adegboruwa, SAN, are seeking an order to nullify the suspension of the elected officials and invalidate the appointment of Vice Admiral Ibas as Sole Administrator.

The plaintiffs argue that the suspension violates constitutional provisions and undermines democratic principles. According to them, "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."

They contend that the actions taken by the President are inconsistent with the Nigerian Constitution and contravene Nigeria's international 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.

Citing Sections 1(2), 14(1)(c), 176(1)(2), and 305(1) of the 1999 Constitution (as amended), the suit asserts that the suspension of democratically elected officials in Rivers State is unlawful and unconstitutional.

Excerpts from the lawsuit read:

"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 it threatens the credibility and integrity of Nigeria’s electoral process and the rule of law.

"The rule of law must be preserved to ensure that individuals and institutions operate within the limits defined by the Constitution. Where government agencies are allowed to act arbitrarily in the name of constitutional duties, the result is an erosion of freedoms and the rise of authoritarianism.

"Section 305 of the Constitution is not absolute and must be interpreted in harmony with other provisions. The phrase 'Subject to' as used in the Constitution implies that the powers granted under section 305 are conditional and subordinate to other constitutional mandates."

Reliefs Sought by the Plaintiffs:

  1. A declaration that the Nigerian Constitution 1999 (as amended) does not empower the President to suspend the democratically elected Governor, Deputy Governor, and Members of the House of Assembly of Rivers State during a state of emergency under Section 305.

  2. A declaration that pursuant to Section 1(2) of the Constitution, no individual or group shall govern Nigeria or any part of it except in accordance with constitutional provisions.

  3. A declaration that by interpreting Sections 1(2), 180, 176(1)(2), and 305 of the Constitution, the President cannot lawfully suspend elected officials while exercising emergency powers.

  4. A declaration that the suspension of elected officials on 18th March 2025 by the President during the state of emergency proclamation is unlawful, unconstitutional, null, and void.

  5. A declaration that appointing Vice Admiral Ibas as Sole Administrator following the suspension of elected officials violates Section 1(2) of the Constitution and is thus unlawful, unconstitutional, null, and void.

  6. An order setting aside the suspension of the elected Governor, Deputy Governor, and House of Assembly members.

  7. An order nullifying the appointment of Vice Admiral Ibas as Sole Administrator.

  8. An injunction restraining Vice Admiral Ibas from acting as Sole Administrator.

  9. An injunction restraining the defendants, their agents or representatives from treating the suspended officials as lawfully removed.

  10. Any further order(s) the Honourable Court may deem fit in the circumstances.

No date has been fixed for hearing the suit.

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