The Socio-Economic Rights and Accountability Project (SERAP) has taken President Bola Tinubu to court over what it describes as the illegal suspension of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the State House of Assembly.
In a statement on Sunday, March 23, SERAP’s Deputy Director, Kolawole Oluwadare, said the group had filed a suit at the Federal High Court in Abuja on Friday through three members of its Volunteers’ Lawyers Network in Rivers State—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho.
Tinubu had declared a state of emergency in Rivers last Tuesday, suspending Fubara and other elected officials for six months. He cited escalating violence, including explosions and pipeline vandalism, as justification, relying on Section 305 of the 1999 Constitution.
The decision has drawn widespread criticism from the Peoples Democratic Party (PDP), the Nigerian Bar Association, opposition leaders, and legal experts.
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SERAP argues that the move violates both constitutional and international legal provisions, including the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance.
“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 group said.
It further stated, “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.”
Recall, last Thursday, the Senate and House of Representatives deliberated on the proclamation in a closed session before approving it via voice vote during plenary.