ABUJA, Nigeria — The Socio-Economic Rights and Accountability Project, SERAP, has filed a lawsuit at the Federal High Court in Abuja challenging President Bola Tinubu’s suspension of elected officials in Rivers State following the declaration of a state of emergency.
The suit, marked FHC/ABJ/CS/558/2025, contests the legality of the suspension of Governor Siminalayi Fubara, his deputy Prof. Ngozi Odu, and members of the Rivers State House of Assembly, as well as the appointment of retired Vice Admiral Ibok-Ete Ibas as the state’s sole administrator.
The plaintiffs—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh–Sifumbukho—are members of SERAP’s Volunteers’ Lawyers Network (SVLN) in Rivers State. They are also registered voters who participated in the 2023 general elections.
Joined in the suit as defendants are the Attorney General of the Federation, Lateef Fagbemi, SAN, and Vice Admiral Ibas.
Constitutional Breach Alleged
The plaintiffs are asking the court to set aside the suspension of the officials and the appointment of Ibas, arguing that the actions violate the Nigerian Constitution and international legal obligations.
“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 suit, filed by senior lawyer Ebun-Olu Adegboruwa, SAN, states.
The court filing cites sections 1(2), 14(1)(c), 176(1)(2), and 305(1) of the 1999 Constitution, arguing that the balance between presidential powers and citizens’ rights to participation in government has been upended.
The plaintiffs also referenced Nigeria’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.
Undermining Democratic Participation
“The suspension is entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution,” the plaintiffs argue, adding that the move undermines democratic norms and the credibility of Nigeria’s electoral process.
“The rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated,” the suit continues. “Democracy works best when everyone participates. The right to participation is the bedrock of any democratic society.”
President Tinubu declared the state of emergency in Rivers State earlier this week, citing escalating political and security concerns. The move, ratified by the National Assembly, drew swift criticism from civil society organisations and legal experts.
Vice Admiral Ibas was sworn in on Wednesday as the sole administrator of Rivers State, tasked with overseeing governance and restoring order during the emergency period.
The Federal High Court has yet to assign a hearing date for the case.
