Nigerian President sued for declaring State of Emergency in Rivers

A lawsuit has been filed against President Bola Tinubu over his Tuesday’s declaration of a State of Emergency in Rivers State, Nigeria.

The suit was filed by a group named SERAP Volunteers’ Lawyers Network (SVLN) in Rivers State.

The group’s representatives who brought the case to court include Yirabari Israel Nulog; Nengim Ikpoemugh Royal, and Gracious Eyoh–Sifumbukho.

They joined, in the suit as Defendants, the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN and the Sole Administrator, Vice Admiral Ibok-Ete Ibas (Retd.).

The President on Tuesday 18 March 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.

Details of the plaintiffs’ prayers in the suit number FHC/ABJ/CS/558/2025 filed on Friday at the Federal High Court, Abuja are:

“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.”Nigerian food delivery services

In the suit, the plaintiffs are arguing 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 suit was filed on behalf of the plaintiffs by their lawyer Ebun-Olu Adegboruwa, SAN.

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.

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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. Nigerian food delivery services

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.