The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over his decision to suspend the democratically-elected Governor, Deputy Governor, and members of the House of Assembly in Rivers State while declaring a state of emergency in the state.
The lawsuit, filed on Friday, March 22, 2025, at the Federal High Court in Abuja (Case No: FHC/ABJ/CS/558/2025), seeks to challenge the legality of the President’s actions. The plaintiffs—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho, all members of SERAP Volunteers’ Lawyers Network in Rivers State—are requesting the court to set aside the suspension of the elected officials, asserting that the action is both unconstitutional and unlawful.
In the suit, the plaintiffs argue that the Nigerian Constitution does not grant the President the authority to suspend elected officials while proclaiming a state of emergency, emphasizing that such actions infringe upon the people’s right to participate in their own governance. The plaintiffs further argue that the suspension undermines the integrity of Nigeria’s democratic process and violates the principles of the rule of law.
The plaintiffs are requesting the following reliefs:
- A declaration that no constitutional provision empowers the President to suspend Rivers State’s Governor, Deputy Governor, and Members of the House of Assembly while proclaiming a state of emergency.
- A declaration that the President’s suspension of the elected officials is unlawful and unconstitutional.
- An order to set aside the suspension of the officials and the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the Sole Administrator of Rivers State.
- Injunctions to prevent the Defendants from treating the suspended officials as removed and from allowing the Sole Administrator to continue in office.
The lawsuit contends that while the President has the constitutional power to declare a state of emergency, such powers must be exercised in a manner that respects the constitutional rights of the people. The plaintiffs argue that the suspension of elected officials and the appointment of a Sole Administrator not only violates the Constitution but also sets a dangerous precedent for the erosion of democratic values in Nigeria.
The case is currently awaiting a hearing date in court.
