LAGOS, Nigeria (CHATNEWSTV) — A Nigerian rights group has sued President Bola Tinubu over what it called the “unlawful suspension” of Rivers State’s elected governor, deputy governor, and lawmakers during the recent declaration of a state of emergency, court documents show.
The lawsuit, filed by members of the Socio-Economic Rights and Accountability Project (SERAP) at the Federal High Court in Abuja, argues that the president overstepped his constitutional authority by removing elected officials while imposing emergency rule.
“The rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended,” the plaintiffs said in the suit, which was filed on March 21.
The case was brought by three members of SERAP’s legal network in Rivers State — Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho — who are registered voters in the state.
They are asking the court to nullify Tinubu’s actions, reinstate the suspended officials, and set aside the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as sole administrator of Rivers State.
Legal Challenge to Emergency Powers
The lawsuit contends that Tinubu’s move violates multiple sections of Nigeria’s 1999 Constitution, including those guaranteeing democratic governance and the right of citizens to elect their leaders.
“Democracy is an inherent element of the rule of law,” the suit states. “The suspension of elected officials in Rivers State undermines Nigeria’s commitment to democratic principles and international human rights obligations.”
SERAP’s legal team, led by senior lawyer Ebun-Olu Adegboruwa, argues that the constitution does not grant the president the power to remove elected officials under a state of emergency.
“The combined provisions of sections 1(2), 14(1)(c), 176(1)(2), and 305(1) of the Constitution ensure a balance between presidential authority and the people’s right to participate in governance,” the suit reads.
The group warned that allowing a president to suspend elected officials at will could set a dangerous precedent.
“If government agencies are allowed to act outside constitutional limits, the result will be anarchy and authoritarianism,” it said.
Court Orders Sought
The plaintiffs are seeking a series of court orders, including:
A declaration that Tinubu’s suspension of elected officials in Rivers State is unconstitutional.
An order reversing the appointment of a sole administrator.
An injunction preventing the federal government from enforcing the suspensions.
The lawsuit also argues that section 305 of the Constitution, which grants the president power to declare a state of emergency, is not superior to other constitutional provisions ensuring democratic governance.
“No section of the Constitution allows a president to remove elected officials at will,” the suit states.
A date has yet to be set for the court hearing.
