The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu, challenging the “unlawful suspension” of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the State House of Assembly.
President Tinubu declared a state of emergency in Rivers State last Tuesday, suspending the elected officials for six months, citing recent violence, including explosions and pipeline vandalism, linked to the state’s political crisis.
His decision, based on Section 305 of the 1999 Nigerian Constitution, has drawn widespread criticism from groups such as the Peoples Democratic Party (PDP), the Nigerian Bar Association, opposition leaders, and legal experts.
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In a statement released on Sunday, SERAP asserted that the suspension violates constitutional provisions and undermines democratic governance.
The lawsuit was filed at the Federal High Court in Abuja on Friday, through three members of SERAP’s Volunteers’ Lawyers Network (SVLN) in Rivers State: Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho.
“The rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated,” SERAP Deputy Director Kolawole Oluwadare said.
“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 argues that the suspension contradicts the Nigerian Constitution and Nigeria’s international legal obligations, specifically referencing 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,” it said.
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