The Socio-Economic Rights and Accountability Project (SERAP) has sued President Bola Tinubu over the “unlawful suspension” of the Rivers State Governor, his deputy, and House of Assembly members, saying “the rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated.”
SERAP disclosed this in a statement on Sunday by its Deputy Director Kolawole Oluwadare .
Recall that Tinubu had on Tuesday announced a state of emergency in the state, the suspension of the governor Sim Fubara, his deputy and members of the state legislature in what has been described by commentators as the height of executive impunity.
SERAP argued in the suit filed in Abuja on Friday that the decision violates constitutional provisions and undermines democratic governance.
The lawsuit 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.) were joined as defendants.
SERAP is seeking “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.”
According to SERAP, 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,” it said.
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, SERAP said in the statement said.
cpcnews.org 