The Socio-Economic Rights and Accountability Project has sued President Bola over what it describes as the “unlawful suspension” of the Rivers State Governor, Siminalayi Fubara; his deputy, Ngozi Odu, and members of the State House of Assembly.
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. 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.
In a statement on Sunday, SERAP argued that the decision violates constitutional provisions and undermines democratic governance. The group said it filed at the Federal High Court in Abuja on Friday via 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.
“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 statement read. To the group, the suspension contradicts both the Nigerian Constitution and international legal obligations, citing 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,” it said.
