In a significant legal move, the Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit challenging the suspension of key political officeholders in Rivers State by President Bola Tinubu. The suspension, which affected the Governor, Deputy Governor, and Members of the House of Assembly, was imposed as part of a state of emergency declaration in the state.
This legal action is spearheaded by Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho—active members of SERAP’s Volunteers’ Lawyers Network (SVLN) and registered voters in Rivers State. The case, filed under suit number FHC/ABJ/CS/558/2025 at the Federal High Court in Abuja, also names the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, and Vice Admiral Ibok-Ete Ibas (Rtd) as defendants.
The plaintiffs are seeking a judicial declaration that the suspension of elected officials is unconstitutional. Additionally, they demand the nullification of Vice Admiral Ibok-Ete Ibas (Rtd)’s appointment as the Sole Administrator of Rivers State, arguing that such actions violate democratic principles and the rule of law.
Legal counsel for the plaintiffs, Ebun-Olu Adegboruwa, SAN, asserts that democracy cannot thrive in an environment where citizens’ rights to governance participation are arbitrarily revoked. The lawsuit emphasizes that the President’s actions contravene sections 1(2), 14(1)(c), 176(1)(2), and 305(1) of the Nigerian Constitution, which collectively ensure that political authority is exercised within the bounds of democratic governance.
Furthermore, the plaintiffs highlight inconsistencies between the President’s decision and international legal frameworks, including the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance. They contend that undermining elected representatives weakens Nigeria’s electoral integrity and the nation’s commitment to the rule of law.
To address these constitutional concerns, the plaintiffs seek several reliefs, including:
- A judicial pronouncement that the Nigerian Constitution does not authorize the President to suspend elected officials while enforcing a state of emergency.
- A declaration reaffirming that Nigeria must adhere strictly to its constitutional provisions.
- A ruling that the suspension of Rivers State officials is illegal and must be overturned.
- An order invalidating the appointment of a Sole Administrator in place of elected governance.
- Injunctions preventing Vice Admiral Ibok-Ete Ibas (Rtd) from assuming the role of Sole Administrator and restraining the government from implementing the suspension.
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While the legal battle unfolds, the nation watches closely, as the outcome of this case could set a precedent for executive powers and constitutional democracy in Nigeria. The Federal High Court has yet to schedule a hearing date for the suit.
