The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu, challenging his decision to suspend the democratically-elected Governor, Deputy Governor, and members of the House of Assembly of Rivers State while proclaiming a state of emergency in the state.
In the suit filed on Friday, March 22, 2025, at the Federal High Court in Abuja (FHC/ABJ/CS/558/2025), the plaintiffs, Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho, who are members of the SERAP Volunteers’ Lawyers Network in Rivers State, are seeking to have the suspension of these elected officials set aside, claiming that it is unlawful and unconstitutional.
The plaintiffs argue that there is no provision in the Nigerian Constitution that grants the President the power to suspend elected officials while exercising his powers to proclaim a state of emergency. The plaintiffs further argue that this action undermines democracy and violates the people's right to participate in their own governance, as guaranteed by the Constitution.
In the suit, the plaintiffs request the following reliefs:
- A declaration that there is no provision in the Nigerian Constitution that allows the President to suspend the Governor, Deputy Governor, and Members of the House of Assembly of Rivers State while declaring a state of emergency.
- A declaration that the actions of the President, including the suspension of elected officials, are unlawful, unconstitutional, and a violation of the people's right to participate in governance.
- An order setting aside the suspension of these officials and the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the Sole Administrator of Rivers State.
- Injunctions restraining the Defendants from treating the suspended officials as having been removed and from allowing the Sole Administrator to continue in the position.
The plaintiffs argue that the suspension of the elected officials is inconsistent with the spirit of the Nigerian Constitution and violates international legal standards regarding human rights and democracy.
They also argue that the suspension has undermined the credibility of Nigeria’s electoral process and the rule of law, potentially leading to authoritarianism and a loss of constitutionally guaranteed freedoms.
The suit emphasizes that while the President has constitutional powers to declare a state of emergency, these powers must be exercised fairly and in a manner that respects the fundamental rights of the people. The plaintiffs are calling for a judicial review of the President’s actions and for an order to restore the duly elected officials to their positions.
The case has not yet been scheduled for a hearing.
