KEY POINTS

• SERAP sues President Tinubu over the suspension of Rivers State’s governor, deputy, and lawmakers, calling it unconstitutional.
• Opposition parties and legal bodies condemn the emergency rule, warning it sets a dangerous precedent for democracy.
• The case could redefine executive powers in Nigeria, with implications for future governance and political stability.

The Socio-Economic Rights and Accountability Project, SERAP, has filed a lawsuit against President Bola Tinubu over the suspension of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the State House of Assembly.

The legal action from SERAP follows Tinubu’s declaration of a state of emergency in Rivers State last Tuesday, citing escalating violence, pipeline vandalism, and political instability.

Channelstv reports that President Tinubu invoked Section 305 of the 1999 Nigerian Constitution, granting him emergency powers to suspend elected officials for six months.

The move has drawn widespread condemnation from opposition parties, legal experts, and civil society groups, who argue it undermines democracy.

“The rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated,” said SERAP Deputy Director Kolawole Oluwadare in a statement. “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 lawsuit, filed at the Federal High Court in Abuja by SERAP’s volunteer lawyers—Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho—alleges that the suspension violates constitutional provisions and Nigeria’s obligations under international law, including the African Charter on Human and Peoples’ Rights and the African Charter on Democracy, Elections, and Governance.

NBA joins SERAP in condemning emergency rule

The Peoples Democratic Party (PDP), the Nigerian Bar Association (NBA), and prominent legal scholars have joined SERAP in condemning the emergency declaration. NBA President Yakubu Maikyau (SAN) described the move as “a dangerous precedent that erodes constitutional democracy.”

Meanwhile, political analyst Pat Utomi accused the National Assembly of “murdering democracy” by approving the emergency rule through a voice vote.

Rivers State, Nigeria’s oil hub, has been embroiled in political turmoil following clashes between factions loyal to Governor Fubara and his predecessor, Nyesom Wike, now a federal minister.

Recent attacks on pipelines and government facilities heightened tensions, prompting Tinubu’s intervention.