News

SERAP Sues Tinubu Over Suspension Of Fubara, Rivers Lawmakers

SERAP Sues Tinubu Over Suspension Of Fubara, Rivers Lawmakers
  • PublishedMarch 23, 2025

The Socio-Economic Rights and Accountability Project (SERAP) has dragged President Bola Tinubu to court over what it described as the unlawful suspension of Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly.

The suit, filed at the Federal High Court in Abuja, argues that Tinubu’s actions while declaring a state of emergency in Rivers State violate the Nigerian Constitution.

The case was instituted by Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh–Sifumbukho, members of SERAP Volunteers’ Lawyers Network (SVLN) in Rivers State.

Attorney General of the Federation, Lateef Fagbemi (SAN), and Vice Admiral Ibok-Ete Ibas (Rtd), who was appointed as Sole Administrator of the state, were also joined in the suit.

SERAP, through its lawyer Ebun-Olu Adegboruwa (SAN), wants the court to declare that there is no constitutional provision allowing Tinubu to suspend elected officials while exercising emergency powers.

The group is also seeking an order setting aside Ibas’ appointment as Sole Administrator.

“The rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated.

“There is no provision in the Constitution that allows the President to suspend democratic structures and install an unelected military officer as the Sole Administrator of a State.

“The combined reading of sections 1(2), 14(1)(c), 176(1)(2), and 305(1) of the 1999 Constitution clearly establishes that the power to govern a State is vested in the democratically elected Governor and House of Assembly of that State.

“By suspending the Governor, Deputy Governor, and members of the House of Assembly of Rivers State and appointing a Sole Administrator, the President has acted in clear violation of the Constitution.

“The right of the people of Rivers State to choose their leaders and participate in governance through their elected representatives cannot be taken away by executive fiat.

“The Constitution does not recognise a Sole Administrator as a structure of governance in any State in Nigeria, and the President cannot, under any guise, impose such an arrangement on the people.”

SERAP is also demanding an injunction to restrain Ibas from acting as Sole Administrator and to stop the federal government from enforcing the suspensions.

The case is yet to be assigned a hearing date.