The Socio-Economic Rights and Accountability Project (SERAP) has dragged President Bola Tinubu to court over the controversial suspension of Rivers State Governor Siminalayi Fubara, his deputy, and members of the state House of Assembly.
SERAP argues that Tinubu’s decision, made while declaring a state of emergency in the oil-rich state, violates democratic principles and the Nigerian Constitution. The lawsuit, filed by members of the SERAP Volunteers’ Lawyers Network (SVLN), seeks to overturn the suspension and nullify the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the state’s Sole Administrator.
Legal Battle Unfolds
Filed at the Federal High Court in Abuja under suit number FHC/ABJ/CS/558/2025, the case names Tinubu, Attorney General Lateef Fagbemi, and Ibas as defendants. The plaintiffs argue that the suspension of elected officials undermines the rule of law and contradicts constitutional provisions that safeguard democracy.
“The rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended,” the suit states, emphasizing that the President’s powers under Section 305 of the Constitution do not override other constitutional safeguards.
PDP Governors Threaten Action but Stall
Meanwhile, the Peoples Democratic Party (PDP) Governors’ Forum has condemned the federal government’s actions and hinted at legal action. However, despite their strong stance, no concrete steps have been taken by the opposition governors to challenge Tinubu’s move.
The controversy stems from Tinubu’s March 18 declaration of a state of emergency in Rivers, citing political instability. Critics argue that rather than resolving the crisis, the move has deepened tensions, raising concerns about federal overreach and the potential erosion of democratic governance.
Court Seeks Clarity on Presidential Powers
SERAP’s suit is pressing the court to affirm that Tinubu lacked the constitutional authority to suspend elected officials while proclaiming an emergency. Among its demands, the rights group seeks an injunction preventing Ibas from acting as Sole Administrator and a ruling that reaffirms the supremacy of constitutional democracy.
As legal fireworks loom, political observers are keenly watching whether the PDP governors will follow through with their threats or if SERAP’s legal challenge will set a precedent for the limits of presidential power during emergencies.
No date has been set for the hearing of the suit.
