SERAP sues Tinubu over Rivers Emergency declaration and suspension of Fubara.
Former Senate President, Wabara and Nollywood actor, Kenneth Okonkwo (SAN) have condemned Tinubu’s action in Rivers State.
The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over what it described as “the unlawful suspension of democratically elected” leaders in Rivers State. The lawsuit challenges the declaration of a state of emergency in the state and the suspension of Governor Similaye Fubara, Deputy Governor Ngozi Odu, and Members of the House of Assembly of Rivers State.
The suit marked FHC/ABJ/CS/558/2025 was filed last Friday at the Federal High Court Abuja, by Yirabari Israel Nulog; Nengim Ikpoemugh Royal; and Gracious Eyoh-Sifumbukho, who are members of SERAP Volunteers’ Lawyers Network (SVLN) in Rivers state.
The defendants in the case also included the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN and Vice Admiral Ibok-Ete Ibas (Rtd).
SERAP condemned the suspension of Fubara and other elected leaders describing it as “inconsistent and incompatible with the letter and spirit of the Nigerian Constitution 1999 [as amended]”
READ ALSO: FCT Senator Slams National Assembly’s Voice Vote for Rivers Emergency Approval
The Plaintiffs who are duly registered voters are therefore seeking an order that President Tinubu is not empowered by the constitution to declare a state of emergency in Rivers State neither is he at democratically right to suspend the governor and the leadership of the state. They urged the court to declare the President’s actions as “null and void”
According to their lawsuit, there should be a “declaration that the suspension of the democratically elected Governor, Deputy Governor, and Members of the House of Assembly of Rivers State by the 1st Defendant on 18th March 2025 while proclaiming a state of emergency in the State is unlawful, unconstitutional, null and void.”
The suit also challenged the appointment of the sole administrator by the president and insisted that there should be an order setting aside the Vice-Admiral as the sole administrator in Rivers State because he was not elected under a democratic situation.
“A declaration that the appointment by the 1st Defendant of the 3rd Defendant as the Sole Administrator of Rivers State consequent upon the suspension of the democratically elected Governor, Deputy Governor, and Members of the House of Assembly of Rivers State by the 1st Defendant on 18th March 2025 derogates from the provision of section 1(2) of the Nigerian Constitution 1999 (as amended) and therefore is unlawful unconstitutional, null, and void.”
Although no date has been set for hearing of the suit, SERAP represented by its lawyer Ebun-Olu Adegboruwa, SAN, argues that the suspension of duly elected leaders violates constitutional provisions, because “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.”
In the same line, Mr Adolphus Wabara, a former Senate President and Chairman of the Board of Trustees of the Peoples Democratic Party, equally condemned President Tinubu’s declaration state of emergency in Rivers State.
READ ALSO: JUST IN: Tinubu Declares State of Emergency in Rivers, Suspends Governor Fubara
Mr. Wabara stated that Tinubu’s actions violated the fundamental principles of Nigeria’s Constitution and called for immediate reversal.
“This action is a gross violation of Nigeria’s Constitution, the foundational legal document that guarantees the rights of Nigerians to participate in the democratic process, and a direct assault on democracy and the rule of law.
“It is an attack on the very essence of our Republic. It’s an action that deserves the strongest condemnation and corrective action by all well-meaning Nigerians, the judiciary, civil society, and the international community.
In my capacity as the Chairman of BoT of our great party, the PDP; and a former Senate President, I, Senator Adolphus Wabara, call for the reversal of this assault on our democracy,” Wabara stated
He also emphasized that President Tinubu’s action undermined the rights of citizens who voted for their elected leaders and noted it as a disrespect to human rights and a sign of military dictatorship.
“President Bola Tinubu’s action only reminded Nigerians of the better-forgotten era of military dictatorship.
“The people of Rivers State exercised their democratic rights in electing their leaders, including the governor, deputy governor, and members of the House of Assembly.
“These leaders were not appointed by the President or any other authority, but were chosen by the people to represent their interests.”
He unequivocally stated that the constitution did not empower the president to replace an elected governor except in terms of war or situation that threatened national integrity which wasn’t seen in Rivers State. Wabara vehemently condemned the President’s actions stating that “the constitution does not empower the President to unilaterally remove or replace elected officials.
“Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.
“The President’s decision to replace democratically elected officials with an un-elected sole administrator is nothing short of a democratic travesty.”
Wabara also slammed the National Assembly for not questioning and deeply scrutinizing the decision of the president. He warned that they should not be seen as “rubber stamps”
“The National Assembly should engage Mr President and find a way to adopt a Doctrine of Necessity to salvage the situation and must defend our democracy and protect the rule of law.”
Same way Nollywood actor and SAN, Kenneth Okonkwo also berated the action of the president, stating that it’s unconstitutional and undermines the rule of law. He called on Nigerians, civil societies and other concerned agencies to take action against the president insisting that the country isn’t governed under a military law and as such, the declaration and suspension should be reversed.
Recall that President Tinubu declared a state of emergency in Rivers State on March 18, 2025. The same day, he equally suspended the governor, the deputy governor and members of the House of Assembly over what he described as tension threatening the security and economy of the nation.
He also appointed a former Chief of Naval Staff, Vice-Admiral Ibok-Ete Ibas (retd.), whom he sworn in as the sole administrator of the state for an initial period of six months.
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