The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against President Bola Ahmed Tinubu over what it describes as the unconstitutional suspension of Rivers State Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly. The suspension, which occurred alongside the President’s proclamation of a state of emergency in the state, has sparked outrage and raised serious concerns about democratic governance and the rule of law in Nigeria.
The lawsuit, filed by members of SERAP’s Volunteers’ Lawyers Network (SVLN) in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh–Sifumbukho—argues that the President’s actions violate the Nigerian Constitution and international democratic principles. The plaintiffs, who are registered voters that participated in the 2023 general elections, are challenging the legality of the suspension and the subsequent appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the Sole Administrator of Rivers State.
Filed on Friday at the Federal High Court in Abuja under suit number FHC/ABJ/CS/558/2025, the lawsuit 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 declaration that there is no constitutional provision granting the President the authority to suspend democratically elected officials while invoking a state of emergency.
An order setting aside the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as Sole Administrator of Rivers State.
An injunction restraining Ibas from acting as Sole Administrator and preventing the federal government from enforcing the suspension.
According to the plaintiffs, the President’s action contradicts Section 1(2) of the 1999 Constitution (as amended), which states that Nigeria shall not be governed except in accordance with constitutional provisions. The lawsuit argues that the forced removal of elected officials undermines democracy and threatens the credibility of the country’s electoral process.
SERAP, through its lead counsel, Ebun-Olu Adegboruwa, SAN, asserts that Tinubu’s proclamation contradicts the principles of democracy, which require respect for human rights and the rule of law.
“The rule of law would be a mere figure of speech if the people’s right to participate in governance can be arbitrarily suspended,” the suit states. It further argues that the combined provisions of Sections 1(2), 14(1)(c), 176(1)(2), and 305(1) of the Constitution establish a delicate balance between presidential authority and democratic governance.
The plaintiffs stress that while Section 305 of the Constitution grants the President the power to declare a state of emergency, it does not override other constitutional provisions guaranteeing democratic participation.
“The suspension of the Governor and other elected officials in Rivers State is not only unconstitutional but also sets a dangerous precedent where elected leaders can be unilaterally removed without due process,” the lawsuit contends.
SERAP’s Push for Justice
The plaintiffs are urging the court to:
1. Declare the suspension of Governor Fubara, his deputy, and lawmakers unconstitutional, null, and void.
2. Invalidate the appointment of Vice Admiral Ibas (Rtd) as Sole Administrator of Rivers State.
3. Issue an injunction preventing the federal government from treating Rivers’ elected officials as suspended.
4. Restrict Vice Admiral Ibas from assuming any administrative role in Rivers State.
SERAP warns that allowing such executive overreach could lead to authoritarian rule, where constitutional freedoms and democratic institutions are eroded at will.
“No democracy can thrive if elected officials can be removed without following due process. The rule of law must be upheld to prevent Nigeria from slipping into dictatorship,” the group stated.
The court has yet to fix a date for the hearing of the case.
This legal battle is expected to set a crucial precedent for the limits of presidential powers in Nigeria’s democracy, as observers await how the judiciary will rule on the matter.
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