An Abuja-based advocacy group, the Center for Reform and Public Advocacy, has dragged President Bola Tinubu, Attorney-General of the Federation (AGF) Lateef Fagbemi, SAN, and the National Assembly before the Federal High Court in Abuja, challenging their powers to appoint officers for the Rivers State Independent Electoral Commission.
The civil rights group, in a suit marked FHC/ABJ/CR /1196/2025, is praying that the court set aside the purported nominations made by the President and the approval by the Senate because they lacked constitutional power to appoint officials for the state electoral body.
According to the group in the suit filed on its behalf by an Abuja-based lawyer, Mr Kalu Kalu Agu, only the Governor of Rivers State is constitutionally empowered to appoint the chairman and members for the RSIEC.
In their originating Summons, the plaintiff prayed the court to determine whether, by the combined effects of Sections 11(4), 197, 198, 199, and 201, of the 1999 Constitution, President Tinubu has the power to seek approval of the Senate to constitute an electoral committee for Rivers State.
Upon the determination of the constitutional provisions in the affirmative, the rights group wants the court to expressly declare that it is the exclusive preserve of the Governor of Rivers State and not any President, to appoint and remove a chairman and six members of the state electoral committee.
The body also asked the court to declare that Tinubu lacked the power to seek approval of the National Assembly for the appointment of a chairman and members for RSIEC and that the Senate also lacked the power to accept any nomination from the President to constitute an electoral committee for Rivers State.
Besides, the group applied for an order of the court setting aside the list of nominees for the chairmanship and membership of RSIEC sent to the Senate by Tinubu for being unconstitutional, null, and void.
They also sought an order of perpetual injunction restraining the AGF, the President, and the National Assembly from taking part in any proceeding for the appointment and approval of nominees for the RSIEC.
Besides, the group wants the resolution of the Senate approving Tinubu’s nominees for RSIEC to be set aside on the ground of illegality.
In a 30-paragraph affidavit in support of the originating summons, the advocacy group claimed to be a non-profit, pro-democracy, human rights, anti-corruption, and public interest advocacy organization registered in Nigeria.
It claimed that on March 18, 2025, Tinubu, on the advice of the AGF, declared a state of emergency in Rivers State, and that the emergency led to the removal of the lawfully elected governor.
The affidavit deposed to by one Emmanuella Alisi said that as a follow-up to the alleged unlawful emergency rule, President Tinubu, acting on the advice of the AGF, sent a list of nominees to the Senate to be confirmed as members of the Rivers State Independent Electoral Commission.
He said that the plaintiff quickly wrote to the AGF and Senate President to halt the process of approving the said nominees on the grounds of illegality.
The affidavit said that the Rivers governor had duly constituted the Electoral Commission, which has been discharging its statutory functions, among which was the conduct of local government elections for the state on October 5, 2024.
Besides, the affidavit said that the tenure of the Electoral Commission legally constituted by the governor has not expired and, as such, cannot be unlawfully removed or dissolved, especially when members have not resigned.
The affidavit said that since the defendants took an oath to protect the country’s Constitution as the Supreme Law, the court should compel them to uphold the provisions of the Constitution in the interest of justice.
Apart from the AGF, Tinubu and the National Assembly, the other defendants are the Governor of Rivers, the Rivers State Independent Electoral Commission, and Justice Adolphus Enebeli, Chairman of RSIEC.
Meanwhile, no date has been fixed for the hearing of the suit.
