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SERAP sues Tinubu over ‘unlawful suspension of Fubara, Rivers lawmakers’
SERAP sues Tinubu over ‘unlawful suspension of Fubara, Rivers lawmakers’
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over “the unlawful suspension of democratically elected Governor, Deputy Governor, and Members of the House of Assembly of Rivers State while exercising his constitutional powers to proclaim a State of Emergency in the state.”
The suit is brought by Yirabari Israel Nulog; Nengim Ikpoemugh Royal; and Gracious Eyoh–Sifumbukho, who are members of SERAP Volunteers’ Lawyers Network (SVLN) in Rivers state. The plaintiffs are registered voters and voted in the 2023 general elections.
Joined in the suit as Defendants are the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN and Vice Admiral Ibok-Ete Ibas (Rtd).
In the suit number FHC/ABJ/CS/558/2025 filed last Friday at the Federal High Court, Abuja, the plaintiffs are seeking: “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.”
The plaintiffs are seeking: “an order setting aside the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the Sole Administrator of Rivers State.”
The plaintiffs are also seeking: “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 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 filed on behalf of the plaintiffs by their lawyer Ebun-Olu Adegboruwa, SAN read in part: “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.”
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“The suspension is entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution 1999 [as amended] and the country’s obligations under article 13 of the African Charter on Human and Peoples’ Rights, and articles 2, 3 and 4 of 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 1999 Constitution create a delicate balance of rights and responsibilities, balancing the exercise of the President’s power against the people’s right to participation in their own government, and the notion of respect for the rule of law.”
“Together, these Constitutional provisions presume that Presidential Powers under section 305 are to be exercised fairly and the duty of fairness requires that the people’s right to participation and democracy should be upheld even in the context of a declaration of state of emergency in Rivers State.”
“The combined effect of the provisions of sections 1(2), 14(1)(c), 176(1) (2) and 305(1) of the 1999 Constitution is that the suspension of democratically elected officials in Rivers state is unlawful and unconstitutional.”
“Democracy works best when everyone participates. The right to participation is the bedrock of any democratic society.”
“The suspension of the democratically elected officials in Rivers state has seriously undermined the ability of the Plaintiffs to participate more effectively in their own government, and the credibility and integrity of the country’s electoral process, as well as the notion of the rule of law.”
“The rule of law ought to be protected to ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations.”
“Where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory or constitutional duties, the end result will be anarchy and authoritarianism, leading to the loss of constitutionally guaranteed freedom and liberty.”
“Section 305 of the 1999 Constitution is neither absolute nor superior to other provisions of the Constitution. Rather, it is expressly made subject to other constitutional provisions.”
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“The phrase ‘Subject to’ as a legislative device is used in a Constitutional provision or statutory enactment to make the provision of the section inferior, dependent on, or limited and restricted in application to the Section to which they are made subject to.”
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.
SERAP sues Tinubu over ‘unlawful suspension of Fubara, Rivers lawmakers’
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Court Orders Wike to Respond to Tonye Cole’s ₦40bn Defamation Suit
Court Orders Wike to Respond to Tonye Cole’s ₦40bn Defamation Suit
An Abuja High Court has directed Nyesom Wike, Minister of the Federal Capital Territory (FCT), to formally respond to a ₦40 billion defamation suit filed against him by Tonye Cole, a former governorship candidate of the All Progressives Congress (APC) in Rivers State.
Channels Television, owned by Channels Incorporated Limited, is also listed as a defendant in the case.
According to a court notice issued on Friday, the matter—Suit No. CV/4502/25—is scheduled for mention on December 9, 2025, before Justice M. A. Hassan of Court 33.
Cole’s legal team, led by Senior Advocate Jibrin Okutepa, stated that the lawsuit was initiated after Wike and Channels TV allegedly failed to act on a pre-action notice and demand letter dated October 8.
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The suit stems from comments made by Wike during a live interview on Channels Television’s “Politics Today” on September 18, which Cole describes as false, malicious, and damaging to his personal, professional, and public reputation.
Court documents show that Wike’s remarks appeared to link Cole to alleged financial impropriety and the mishandling of assets connected to Rivers State gas operations and the Olympia Hotel. Cole argues that the statements portrayed him as dishonest and involved in wrongdoing, thereby harming his national and international standing.
Cole claims the broadcast caused him humiliation, mental distress, and severe reputational damage.
In addition to the ₦40 billion damages, Cole is demanding ₦500 million for litigation costs and a court declaration that the comments were defamatory. He also seeks an order compelling Wike and Channels TV to retract the allegations, delete the broadcast from all platforms, and issue a public apology on Channels Television and in at least five national newspapers.
Furthermore, Cole is requesting a perpetual injunction restraining the defendants from making any further defamatory statements against him.
The court has given the defendants 21 days from the date of service to enter their appearance.
Court Orders Wike to Respond to Tonye Cole’s ₦40bn Defamation Suit
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CAC to Begin Nationwide Crackdown on Unregistered PoS Operators by January 2026
CAC to Begin Nationwide Crackdown on Unregistered PoS Operators by January 2026
The Corporate Affairs Commission (CAC) has issued a firm warning to Point-of-Sale (PoS) operators across Nigeria, announcing that it will soon commence a nationwide enforcement action against businesses that have failed to complete their mandatory CAC registration.
In a statement released on its official Instagram page on Saturday, the Commission said it has observed an alarming increase in unregistered PoS service providers, despite ongoing sensitisation efforts.
The CAC recalled that it had earlier signalled plans for a regulatory crackdown in 2024 — a proposal that sparked opposition from many PoS agents and operators.
According to the Commission, the rising number of unregistered PoS businesses violates both the Companies and Allied Matters Act (CAMA) 2020 and the Central Bank of Nigeria (CBN) Agent Banking Regulations.
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The agency also criticised some fintech companies, accusing them of onboarding PoS agents without proper registration, a practice the CAC described as irresponsible and dangerous to the integrity of Nigeria’s financial system. It warned that such actions expose millions of Nigerians — including small businesses and rural communities — to significant financial risks, fraud, and investment vulnerabilities.
The Commission reiterated that effective 1 January 2026, all PoS operators must complete their CAC registration or risk being forced out of business.
According to the statement:
“Effective 1 January 2026, no PoS operator will be allowed to operate without CAC registration. Security agencies will enforce nationwide compliance. Unregistered PoS terminals will be seized or shut down. Fintechs enabling illegal operations will be watch-listed and reported to the CBN. All operators are advised to regularise immediately. Compliance is mandatory.”
The CAC stressed that the enforcement exercise will be carried out in collaboration with security agencies to ensure full compliance across the country.
CAC to Begin Nationwide Crackdown on Unregistered PoS Operators by January 2026
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Ex-AGF Abubakar Malami denies allegations of terrorism financing, calls report misleading
Ex-AGF Abubakar Malami denies allegations of terrorism financing, calls report misleading
Former Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), has dismissed reports linking him to terrorism financing, describing the claims as a “vague assertion” politically manipulated to tarnish his reputation.
In a statement on Saturday, Malami addressed a publication by SaharaReporters on December 5 titled: “Terror Suspects, Alleged Financiers Were Linked To Powerful Nigerians Including Ex-AGF Malami, Former Army Chiefs, Others – Maj. Gen. Ali-Keffi (Rtd).” The article suggested that investigations by Operation Service Wide (OSW), a multi-agency counter-terrorism task force, had linked him and other prominent Nigerians to terror suspects.
The allegations were reportedly made by Major General Ali-Keffi (retd.), a former General Officer Commanding appointed in 2021 to lead OSW, which works with the Nigerian Financial Intelligence Unit (NFIU) to identify Boko Haram financiers.
Malami refuted the claims, stating that he has “never at any time been accused, invited, interrogated, investigated, or charged by any security, law-enforcement, regulatory or intelligence agency, within or outside Nigeria, in respect of terrorism financing or any related offence.” He emphasized that Ali-Keffi merely noted potential “business” or “institutional” links, which were misrepresented in the media headline.
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“That important clarification was unfortunately overshadowed by a headline and framing capable of misleading well-meaning members of the public… politically manipulated by my political opponents,” Malami said.
Highlighting his record, Malami noted his reforms in office, including the establishment of an independent Nigerian Financial Intelligence Unit, the enactment of the Money Laundering (Prevention and Prohibition) Act, 2022, and the Terrorism (Prevention and Prohibition) Act, 2022. He said these measures strengthened Nigeria’s anti-money laundering and counter-terrorism financing framework and contributed to the country’s removal from the FATF grey list.
Malami warned the media to exercise caution when reporting on national security matters, emphasizing that engagement with diverse individuals is a normal part of public service and should not be misconstrued as evidence of wrongdoing.
He reaffirmed his commitment to the rule of law and stated he reserves the right to seek legal redress against publications that misrepresent his role in Nigeria’s fight against money laundering and terrorism financing.
Ex-AGF Abubakar Malami denies allegations of terrorism financing, calls report misleading
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