The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over what it describes as the “unlawful suspension” of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the State House of Assembly.
Last Tuesday, President Tinubu declared a state of emergency in Rivers State and suspended the governor and other elected officials for an initial six-month period. He cited escalating violence, including explosions and the vandalism of petroleum pipelines, which he linked to the ongoing political crisis in the state.
The President’s decision, made under Section 305 of the 1999 Nigerian Constitution, has drawn criticism from various interest groups, including the Peoples Democratic Party (PDP), the Nigerian Bar Association, opposition leaders, and prominent lawyers.
In a statement on Sunday, SERAP argued that the suspension violates constitutional provisions and undermines democratic governance.
The group confirmed it had filed the case in the Federal High Court in Abuja on Friday, represented by three members of its Volunteers’ Lawyers Network (SVLN) in Rivers State: Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho.
“The rule of law would be rendered meaningless if the people’s right to participate in governance can be arbitrarily suspended or violated,” said Kolawole Oluwadare, SERAP’s Deputy Director.
“Democracy is a fundamental aspect of the rule of law. Nigeria’s democracy should be built on respect for human rights and the rule of law,” the statement continued.
SERAP argued that the suspension contradicts both the Nigerian Constitution and international legal obligations, 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 ensure a balance of rights and responsibilities, ensuring that presidential power does not override the people’s right to participate in their own governance,” the statement concluded.
