The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu, challenging the suspension of Rivers State Governor Siminalayi Fubara, his deputy, and members of the House of Assembly. The group argues that the move, carried out during the proclamation of a state of emergency, is unlawful and unconstitutional.
The suit, filed at the Federal High Court in Abuja last Friday, was brought by members of SERAP’s Volunteers’ Lawyers Network in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh–Sifumbukho. The Attorney General of the Federation, Lateef Fagbemi, SAN, and Vice Admiral Ibok-Ete Ibas (Rtd), who was appointed as Rivers State’s Sole Administrator, are also named as defendants.
The plaintiffs are seeking an order to overturn the suspension of the elected officials and revoke the appointment of Ibas. They argue that the action violates Section 1(2) of the 1999 Constitution, which states that no person or group can take control of any part of Nigeria’s government except as prescribed by the Constitution.
The lawsuit, filed by Senior Advocate of Nigeria (SAN) Ebun-Olu Adegboruwa on behalf of the plaintiffs, contends that the suspension undermines democracy, the rule of law, and citizens’ right to participate in governance. SERAP further claims that the action contradicts Nigeria’s obligations under the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance.
He added that the suspension of elected officials jeopardizes the integrity of Nigeria’s electoral process.
A hearing date has not yet been scheduled.
