The Socio-Economic Rights and Accountability Project (SERAP) has initiated legal action against President Bola Tinubu, challenging the suspension of Rivers State Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the State House of Assembly, labeling the move as unconstitutional.
READ MORE: Rotimi Amaechi Reacts To The Suspension Of Fubara & Others
Last Tuesday, President Tinubu declared a state of emergency in the oil-rich state and suspended the governor and other elected officials for an initial period of six months.
READ MORE: Gov. Fubara Sends Strong Message To Rivers After His Suspension
He cited as the basis for his action “the disturbing” violence in the state in the last 24 hours, including explosions and vandalisation of petroleum pipelines, linked to the political crises in the state.
The President had relied on Section 305 of the 1999 Nigerian Constitution in his decision that has been greeted with criticism from several interest groups, including the Peoples Democratic Party (PDP), the Nigerian Bar Association, opposition leaders and erudite lawyers.
On Sunday, the Socio-Economic Rights and Accountability Project (SERAP) has initiated a lawsuit at the Federal High Court in Abuja, filed by three members of its Volunteers’ Lawyers Network (SVLN) in Rivers State: Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho.
SERAP’s Deputy Director, Kolawole Oluwadare, emphasized that the rule of law becomes meaningless if citizens’ rights to participation are arbitrarily suspended or violated. He stated, “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 organization contends that such suspensions contradict both 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 said.
