Group institutes lawsuit against Tinubu over Rivers state of emergency

A lawsuit has been filed against President Bola Tinubu, challenging his declaration of a state of emergency in Rivers State, on March 18.

The Socio-Economic Rights and Accountability Project (SERAP) is behind the suit, specifically its Volunteers’ Lawyers Network (SVLN) in Rivers State.

The lawsuit was brought to court by representatives Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh–Sifumbukho.

Joined in the suit as defendants are the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi (SAN) and the Sole Administrator, retired Vice Admiral Ibok-Ete Ibas.

Persecondnews reported that the President had on Tuesday, March 18, 2025 imposed an emergency rule on Rivers, thereby suspending the executive and the legislative arms of government in the state after all efforts to resolve the political and constitutional impasses rocking the state proved futile.

The suit marked FHC/ABJ/CS/558/2025 was filed on Friday at the Federal High Court, Abuja.

The prayers include: “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.

“An order setting aside the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the Sole Administrator of Rivers State.

“ A declaration that by virtue of section 1(2) of the Nigerian Constitution 1999 (as amended), Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of the Constitution.”

In the suit, the plaintiffs averred 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.

The plaintiffs are also seeking the following reliefs:

1. A DECLARATION that there is no provision in the Nigerian Constitution 1999 (as amended) that empowers the 1st Defendant to suspend the democratically elected Governor, Deputy Governor, and Members of the House of Assembly of Rivers State while exercising his powers to proclaim a State of Emergency in the State under section 305 of the Constitution.

2. A DECLARATION that by virtue of section 1(2) of the Nigerian Constitution 1999 (as amended), the Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of the Constitution.

3. A DECLARATION that by a purposeful construction and interpretation of the combined provisions of sections 1(2) 180, 176(1)(2), and 305 of the Nigerian Constitution 1999 as (amended), the 1st Defendant cannot lawfully suspend the democratically elected Governor, Deputy Governor, and Members of the House of Assembly of Rivers State while exercising his powers to proclaim a State of Emergency in Rivers State.

4. 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.

5. 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.

6. AN ORDER OF THIS HONOURABLE COURT setting aside 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.

7. AN ORDER setting aside the appointment of the 3rd Defendant by the 1st Defendant as the Sole Administrator of Rivers State.

8. AN ORDER of injunction restraining the 3rd Defendant from acting or continuing to act as the Sole Administrator of Rivers State in pursuance of his appointment as such by the 1st Defendant on 18th March 2025.

9. AN ORDER of injunction restraining the Defendants, including their agents, representatives or such other persons acting on their behalf from treating or continuing to treat the Governor, Deputy Governor, and Members of the House of Assembly of Rivers as having been suspended.

10. AND FOR SUCH FURTHER ORDER(S) that the Honorable Court may deem fit to make in the circumstance of this suit.

No date has been fixed for the hearing of the suit filed on behalf of the plaintiffs by their lawyer, Mr. Ebun-Olu Adegboruwa (SAN).