SERAP drags Tinubu to Court over suspension of Fubara, Deputy, Others

The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against President Bola Tinubu over what it describes as the “unlawful suspension” of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the State House of Assembly.

Last Tuesday, Tinubu declared a state of emergency in Rivers State, suspending the governor and other elected officials for an initial period of six months.

He justified the move by citing violent incidents in the state, including explosions and vandalization of petroleum pipelines, which he linked to the ongoing political crisis.

The President relied on Section 305 of the 1999 Nigerian Constitution to enforce the suspension, but his decision has sparked widespread criticism from various groups, including the Peoples Democratic Party (PDP), the Nigerian Bar Association, and opposition leaders.

In a statement on Sunday, SERAP argued that the decision violates constitutional provisions and undermines democratic governance. The organization revealed that it filed the lawsuit at the Federal High Court in Abuja on Friday through three members of its Volunteers’ Lawyers Network (SVLN) in Rivers State, Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho.

“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 Deputy Director Kolawole Oluwadare said.

The group further argued that the suspension contradicts the Nigerian Constitution and international legal obligations, referencing 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,” the statement added.