The Socio-Economic Rights and Accountability Project, SERAP, has taken President Bola Tinubu to court over what it calls the “unlawful suspension” of the Rivers State Governor, his deputy, and House of Assembly members.

The six-month suspension was announced while the president proclaimed a state of emergency in the state.

SERAP argued that the decision violates constitutional provisions and undermines democratic governance.

The lawsuit, filed at the Federal High Court in Abuja on Friday, was initiated by three members of SERAP’s Volunteers’ Lawyers Network (SVLN) in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho.

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), and Vice Admiral Ibok-Ete Ibas (retd.) have also been joined as defendants.

The suit, numbered FHC/ABJ/CS/558/2025, demands “an order setting aside the suspension of the democratically elected officials in Rivers State by President Tinubu while proclaiming a state of emergency in the state” and “an order setting aside the appointment of Vice Admiral Ibok-Ete Ibas (retd.) as the Sole Administrator of Rivers State.”

SERAP, in a statement by its Deputy Director Kolawole Oluwadare on Sunday, argued that “the rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated.”

“Democracy is an inherent element of the rule of law. Nigeria’s democracy ought to have as its foundation respect for human rights and the rule of law,” the statement read.

SERAP insists that the suspension contradicts both the Nigerian Constitution and international legal obligations, citing 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 create a delicate balance of rights and responsibilities, ensuring that the exercise of presidential power does not override the people’s right to participate in their own governance,” the organisation asserted.

It further argued that Section 305, which grants the president powers to declare a state of emergency, “is neither absolute nor superior to other provisions of the Constitution,” stressing that such power must be exercised in a way that upholds democratic participation.

“The suspension of the democratically elected officials in Rivers State has seriously undermined the ability of the plaintiffs to participate more effectively in their own government, the credibility and integrity of the country’s electoral process, and the notion of the rule of law,” SERAP stated.

Among other reliefs sought, the plaintiffs are asking the court for a declaration that Tinubu’s actions are “unlawful, unconstitutional, null, and void” and an injunction restraining the appointed sole administrator from acting in that capacity.

“No date has been fixed for the hearing of the suit,” the statement concluded.

The South East Zonal Executive Committee of the Peoples Democratic Party, PDP, has congratulated Hon. Sunday Udeh-Okoye on the affirmation of his position as the National Secretary of the PDP by the Supreme Court.

The South East PDP, in a statement co-issued by the Chairman of the Zonal Executive Committee, Chief Ali Odefa, and the Zonal Secretary, Hon. James Ugwu, on Friday, equally hailed the Supreme Court for saving, not just the party, but also the nation’s democracy from the hands of those bent on destroying it for their selfish political capital.

Reacting to the apex court ruling, the statement said, “This is not just a victory for Rt. Hon. Udeh-Okoye as a person, but also for the party as a whole and for the nation’s democracy in general.

“This judgment expressly ratifies the South East Zonal Executive Committee’s nomination of Hon. Sunday Udeh-Okoye as the party’s National Secretary to serve-out the remaining tenure of Senator Samuel Anyanyu, who had won the party’s nomination as its flag bearer in the Imo 2023 governorship election. It equally validates Udeh-Okoye’s ratification by the National Working Committee (NWC) on November 7, 2023 and his endorsement by various organs of the party.

“Consequently, the South East heartily congratulates our party leaders, party faithful, and, of course, Hon. Sunday Udeh-Okoye on this momentous victory.

“We are happy that this judgment has finally reestablished party supremacy and the ramifications of this decision is a big win for not just the PDP, but for all the political parties in Nigeria. By this decision, the Supreme Court has reaffirmed that, as our people would say, the okara can never be taller than the person that planted it. The party is supreme.”

…urge NASS, Nigerians to resist River’s state of emergency

Former Vice President, Atiku Abubakar, the Presidential Candidate of the Labour Party (LP) in the 2023 elections, Mr Peter Obi and the immediate past Governor of Kaduna State have kick-started a movement aimed at ending President Bola Tinubu’s rule come 2027.

This was confirmed by Atiku who read the text of a Press Conference addressed by a cross-section of leaders and political stakeholders from across the country, in Abuja, on Thursday.

Atiku in response to a question whether the gathering was to kick start a coalition to oust Tinubu in 2007, the former Vice President said “Yes.”

Earlier, while addressing the press conference, Atiku and his partners called on Nigerians especially members of the National Assembly to reject President Bola Tinubu’s unconstitutional declaration of a state of emergency in Rivers State.

Atiku said, “We have come together to address the dangerous and unconstitutional actions taken by President Bola Ahmed Tinubu, GCFR, on March 18, 2025-to wit, the declaration of a State of Emergency in Rivers State and the illegal suspension of the democratically elected Governor, Deputy Governor, and the State House of Assembly.

“This action is not only unlawful but also a clear subversion of democracy and imposition of autocratic federal control over a duly elected state government.

“We strongly condemn this development and call on all Nigerians of good conscience to resist this brazen assault on the constitution of our country and the institutions of our democracy.

“Mr President’s illegal and unconstitutional proclamation was presumably driven by the protracted insidious political crisis in Rivers State, which culminated in the recent ruling of the Supreme Court.

“Naturally, we expected all parties to the dispute to follow laid-down procedures, and in good faith, to promptly implement the judgment of the highest court of the land.

“We note that despite provocative statements and belligerent attitude of his opponents, Governor Fubara had demonstrated goodwill and appeared disposed to the implementation of the ruling of the Supreme Court.

“However, rather than rise above the fray, the president yielded to petty favouritism and betrayed the oath that he solemnly swore to before God and man, which was to ‘do right to all manner of people, according to law, without fear or favour, affection or ill-will.”

“If president Tinubu had conveniently disguised his true intentions in the past, his broadcast to the nation on 18th March 2025 betrayed his bias and fell far below the standard of comportment expected from his exalted office.”

Listing areas of Constitutional breaches by the President, the former Vice President said, “Illegal Removal of a Governor and State Assembly

“Without any doubts, the Nigerian Constitution does not empower the President to remove an elected Governor, Deputy Governor, or State Assembly under any circumstances.

“The procedure for removing a Governor is clearly outlined in Section 188 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) through an impeachment process initiated by the State House of Assembly-not by presidential proclamation or arbitrary pronouncement.

“Misuse of Section 305 on State of Emergency:

“Section 305 of the Constitution allows the President to declare a State of Emergency only in extreme cases where public safety, national security, or Nigeria’s sovereignty is at serious risk.

“However, it does not grant him the power to suspend elected officials or to demolish democratic structures as he has brazenly done.

“Furthermore, Section 305(1) states that any proclamation of emergency is subject to the provisions of the Constitution-meaning it cannot override the tenure and removal procedures of a Governor.

“Failure to Meet Constitutional Requirements for Emergency Rule

“The conditions under Section 305(3) for declaring a state of emergency include: War or external aggression, Breakdown of public order and safety, Natural disasters or any other grave emergency threatening Nigeria’s corporate existence.”

He further said, “None of these conditions exist in current circumstances in Rivers State. There is no war, no widespread violence, and no breakdown of law and order warranting emergency declaration.

“Failure to Follow Due Process: Even if an emergency declaration were valid (which it is not), it would still require a two-thirds majority approval of all members of the National Assembly-that is, at least, 72 Senators and 240 members of the House of Representatives. If this approval is not secured, the proclamation must automatically cease to have effect.

“Alternative Legal Avenues Were Ignored

“If the issue was the dysfunction of the Rivers State House of Assembly, the President could have encouraged the National Assembly to intervene under Section 11 of the Constitution.

“However, even under such an intervention, the Governor and Deputy Governor cannot be removed by any arm of government except through constitutional means, as the proviso to S. 11(4) clearly provides.

A Manufactured Crisis for Political Control

“This State of Emergency declaration is not about security-it is about power grabbing and control. The disagreements within Rivers State stem from the defection of 27 Assembly members from the PDP to the APC, their loss of seats under constitutional provisions, and the subsequent political manoeuvring to undermine the Governor’s mandate.

“Rather than allowing the law to take its course, the federal government has engineered a crisis to justify this obviously premeditated and brazenly cynical unconstitutional action.

“We find the federal government’s excuse of pipeline vandalism quite untenable and even laughable.

“The security of national infrastructure falls squarely under the responsibilities of federal security agencies and privately contracted security firms.

“ If this issue has to do with breach of security in whatever form, the question that should naturally be asked are: Who controls the police, the military, and the DSS? The Governor or the President?

“Our Demand and Call to Action

Immediate Reversal: We call on President Bola Ahmed Tinubu to immediately revoke this unconstitutional proclamation and reinstate the elected Governor, Deputy Governor, and State Assembly of Rivers State.

“National Assembly’s Rejection: We call on patriotic Senators and Representatives to vote against this illegal action when it comes before them for approval. The National Assembly must stand on the right side of history and not allow itself to be used to legitimise an unconstitutional power grab.

“ Judicial Intervention: We urge the judiciary to act swiftly in striking down this proclamation, as it sets a dangerous precedent that could be used to arbitrarily remove any Governor in the future.

“Nigerians Must Defend Democracy: We call on all civil society organisations, political groups, and Nigerians of good conscience to stand firm in the defence of this democracy that we have all toiled to build.

“Rivers State is not a conquered territory, and Nigeria is not a dictatorship requiring the replacement of an elected governor with a military administrator.

“We recall that even when a previous administration had declared a state of emergency in parts of the country bedevilled by insurgency and acts of terrorism, the governors of the concerned states were not removed from office as this administration has done. This action, by President Tinubu therefore represents a new low for our country.”

Going down memory lane, Atiku said, “The historical unrest in the Niger Delta should not be forgotten so soon.

“Past administrations had made great efforts and sacrifices to restore peace and stability to the Niger Delta, which is critical to the economic health and stability of Nigeria itself.

“This federal government should not manufacture political crises that could disrupt the fragile stability and return the country to the past that we have all prayed to leave behind for good.

“We must never allow personal political interests and the desire to hold on to power at all costs to throw the country into unavoidable chaos through brazen subversion of the principles of federalism, democracy, and constitutional governance. This is not just about Rivers State it is about the future of Nigeria’s democracy.”

Other opposition leaders present at the ongoing press conference include, Labour Party’s 2023 presidential candidate, Peter Obi, who is represented by Yunusa Tanko, former Secretary to the Government of the Federation, Babachir Lawal, former Kaduna State Governor, Nasir El-Rufai, National Secretary of the Coalition of United Political Parties, Peter Ahmeh, and Convenor of the Alternative, Segun Showunmi, among others.

Among those whose apologies were announced are former governors Rotimi Amaechi (Rivers), Kayode Fayemi (Ekiti), and the immediate past National Chairman of the All Progressives Congress, Abdullahi Adamu, among others.