The project of socioeconomic rights and responsibility (Serap) has filed a lawsuit against President Bola Tinubu on “the illegal suspension of the governor, vice governor and members of the Chamber of the Assembly of the State of Rivers while exercising its constitutional powers to proclaim an emergency state in the State.”
The suit is brought by Yirabari Israel Nulog; Nengim Ikpoemugh Royal and Gracious Eyoh – Sifumbukho, who are members of the Serap Volunteer Lawyers (SVLN) in the state of Rivers. The plaintiffs are registered and voted voters in the 2023 general elections.
United in the claim as defendants are the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi and the Vice Admiral Ibok-Ete Ibas (RETD), the only state administrator.
In the FHC/ABJ/CS/558/2025 demand number presented on Friday at the Federal Superior Court, Abuja, the plaintiffs seek: “An order to reserve the suspension of democratically elected officials in the state of Rivers by President Tinubu, while proclaiming an emergency state in the State.”
The plaintiffs seek: “An order that annuls the appointment of the Vice Admiral you were as the only state administrator.”
The plaintiffs also seek: “A declaration that, under section 1 (2) of the 199 Constitution (amended), Nigeria will not be governed, nor any person or group of people take control of the Nigeria government or any part of it, except in accordance with the provisions of the Constitution.”
In the claim, the plaintiffs argue that: “The rule of law would be a mere discourse figure if the right to the participation of people can be arbitrarily suspended or violated.”
The lawsuit filed in the name of the plaintiffs by their lawyer, Ebun-olu Adegboruwa, read in part: “Democracy is an inherent element of the rule of law. Nigeria's democracy should have as its respect for the basis for human rights and the rule of law.”
“The suspension is completely inconsistent and incompatible with the letter and spirit of the 1999 Constitution [as amended] and the country's obligations under article 13 of the African Charter on the rights of humans and peoples, and articles 2, 3 and 4 of 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 1999 Constitution create a delicate balance of rights and responsibilities, balancing the exercise of the president's power against the right of the people to participate in their own government, and the notion of respect for the rule of law.”
“Together, these constitutional provisions assume that the presidential powers under section 305 will be exercised fairly and the duty of justice requires that people's right to participation and democracy remain even in the context of an emergency statement in the state of the rivers.”
“The combined effect of the provisions of sections 1 (2), 14 (1) (c), 176 (1) (2) and 305 (1) of the 1999 Constitution is that the suspension of democratically elected elected officials in the state is illegal and unconstitutional.”
“Democracy works better when everyone participates. The right to participation is the basis of any democratic society.”
“The suspension of democratically elected officials in the State has seriously undermined the ability of the plaintiffs to participate more effectively in their own government, and the credibility and integrity of the electoral process of the country, as well as the notion of the rule of law.”
“The rule of law must be protected to ensure that people and institutions operate within the defined scope of constitutional and legal limitations.”
“When government agencies can operate in general and in their whims and whims under the pretext of performing their legal or constitutional duties, the final result will be anarchy and authoritarianism, which will lead to the loss of freedom and freedom constitutionally guaranteed.”
“Section 305 of the 1999 Constitution is not absolute or superior to other provisions of the Constitution. Rather, it is expressly subject to other constitutional provisions.”
“The phrase 'subject to' as a legislative device is used in a constitutional provision or a legal promulgation to make the provision of the section lower, dependent or limited and restricted in the application to the section to which they are subject.”
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