The Socio-Economic Rights and Accountability Project (SERAP) has sued President Bola Tinubu. The group challenges his suspension of the Rivers State Governor, his deputy, and members of the House of Assembly. SERAP filed the case at the Federal High Court in Abuja. The group described the action as unlawful, unconstitutional, and a violation of democratic principles.
President Tinubu had suspended the officials for six months. He did this while declaring a state of emergency in Rivers State. SERAP argues that such action undermines democracy. It also strips citizens of their right to be governed by elected representatives.
Legal Action Targets Presidential Overreach
SERAP submitted the lawsuit on Friday, March 22, 2025. Three members of the group’s Volunteer Lawyers Network in Rivers State initiated the suit. The lawyers—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho—filed the case under suit number FHC/ABJ/CS/558/2025.
Besides President Tinubu, the lawsuit includes other key government officials. These are the Attorney General of the Federation, Lateef Fagbemi (SAN), and Vice Admiral Ibok-Ete Ibas (retd.). Tinubu appointed Ibas as the Sole Administrator of Rivers State. SERAP is asking the court to void that appointment.
SERAP Demands Full Reversal of Actions
The group is seeking an order to cancel the suspension of the elected officials. SERAP also wants the court to stop Ibas from functioning as administrator. They claim the entire process violates both the Nigerian Constitution and international democratic standards.
According to SERAP, the Nigerian Constitution protects the people’s right to choose their leaders. The group highlighted several sections of the law. These include Sections 1(2), 14(1)(c), 176(1)(2), and 305(1). Together, these provisions balance government powers with citizen participation.
Emergency Powers Must Respect Democracy
SERAP explained that Section 305 allows the president to declare a state of emergency. However, it added that this power is not absolute. The president must use it within the limits of the Constitution. Therefore, the suspension of elected officials cannot stand without proper legal backing.
Kolawole Oluwadare, SERAP’s Deputy Director, released a statement on Sunday. He stressed that democracy requires more than elections. According to him, democracy means protecting citizens’ rights, especially the right to participate in governance.
He said, “Democracy is an essential element of the rule of law. That means you cannot arbitrarily remove elected officials. Doing so makes the rule of law a mere slogan.”
Citizens’ Rights and Electoral Credibility at Risk
SERAP believes that the suspension damages public trust. It also harms Nigeria’s electoral credibility. The group said it has made citizens feel powerless and disconnected from their government. According to the lawsuit, the actions of the president have stripped the people of their voices.
They insisted that the move contradicts both local and international legal instruments. These include the African Charter on Human and Peoples’ Rights. It also breaches the African Charter on Democracy, Elections, and Governance.
Court Asked to Declare Suspension Invalid
Among other reliefs, the group seeks a court declaration. They want the judge to label the president’s actions as “unlawful, unconstitutional, null, and void.” They are also asking the court to restrain Ibas from acting as a state administrator.
As of now, the court has not set a hearing date. Still, legal experts say the case could have a major impact. It may redefine how emergency powers are used in Nigeria.
Conclusion: A Pivotal Legal Test for Nigerian Democracy
This lawsuit represents a bold move by SERAP. It could become a landmark case for the rule of law. The court’s decision will either limit or expand presidential powers under emergency conditions. Nigerians are watching closely. They want to know whether their votes and voices still count.
