SERAP Sues Tinubu Over State Of Emergency Rule In Rivers

By Akinwale Kasali

The Socio-Economic Rights and Accountability Project, SERAP, has condemned, strongly, the declaration of State of Emergency in Rivers State by President Bola Ahmed Tinubu.

SERAP has, therefore, taken President Tinubu to court over what it called the “unlawful suspension” of the Rivers State Governor, Siminalayi Fubara, his deputy, and House of Assembly members.

President Tinubu had announced a six-month suspension of Fubara and co, and proclaimed a state of emergency in the State.

SERAP argued that the decision violates constitutional provisions and undermines democratic governance.

The lawsuit, filed at the Federal High Court, Abuja, on Friday, was initiated by three members of SERAP’s Volunteers’ Lawyers Network (SVLN) in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho.

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, (SAN), and Vice Admiral Ibok-Ete Ibas (retd.) were also been joined as defendants.

The suit, numbered FHC/ABJ/CS/558/2025, demands “an order setting aside the suspension of the democratically elected officials in Rivers State by President Tinubu while proclaiming a state of emergency in the state” and “an order setting aside the appointment of Vice Admiral Ibok-Ete Ibas (retd.) as the Sole Administrator of Rivers State.”

SERAP, in a statement by its Deputy Director Kolawole Oluwadare on Sunday, argued that “the rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated.

“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 statement read.

SERAP insists that the suspension contradicts both the Nigerian Constitution and international legal obligations, citing the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance.

“The combined provisions of Sections 1(2), 14(1)(c), 176(1)(2), and 305(1) of the Nigerian Constitution create a delicate balance of rights and responsibilities, ensuring that the exercise of presidential power does not override the people’s right to participate in their own governance,” the organisation asserted.

It further argued that Section 305, which grants the president powers to declare a state of emergency, “is neither absolute nor superior to other provisions of the Constitution,” stressing that such power must be exercised in a way that upholds democratic participation.

“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, the credibility and integrity of the country’s electoral process, and the notion of the rule of law,” SERAP stated.

Among other reliefs sought, the plaintiffs are asking the Court for a declaration that Tinubu’s actions are “unlawful, unconstitutional, null, and void” and an injunction restraining the appointed sole administrator from acting in that capacity.

“No date has been fixed for the hearing of the suit,” the statement concluded.