President Bola Tinubu, the Attorney-General of the Federation (AGF) Lateef Fagbemi (SAN), and the National Assembly have been dragged before the Federal High Court in Abuja over the appointment of officers for the Rivers State Independent Electoral Commission (RSIEC).
The suit, filed by the Center for Reform and Public Advocacy, an Abuja-based civil rights group, challenges the legality of the nominations made by the President and approved by the Senate. The group contends that neither the President nor the National Assembly has the constitutional authority to appoint officials to a state electoral body.
In the suit marked FHC/ABJ/CR/1196/2025, the group is asking the court to void the appointments and declare them unconstitutional, null, and void. According to the plaintiff, only the Governor of Rivers State has the constitutional mandate to appoint the chairman and members of RSIEC.
Filed by Abuja-based lawyer Mr. Kalu Kalu Agu, the suit relies on the combined provisions of Sections 11(4), 197, 198, 199, and 201 of the 1999 Constitution to argue that President Tinubu overstepped his bounds by sending a list of RSIEC nominees to the Senate for confirmation.
The group is asking the court to:
- Declare that the appointment of RSIEC officials is the exclusive constitutional duty of the Rivers State Governor.
- Rule that President Tinubu and the Senate lacked the legal authority to make or approve such appointments.
- Set aside the list of nominees forwarded to the Senate as illegal and unconstitutional.
- Issue a perpetual injunction restraining the President, AGF, and National Assembly from participating in future appointment processes for RSIEC.
In a 30-paragraph affidavit deposed to by Emmanuella Alisi, the group alleged that on March 18, 2025, President Tinubu, acting on the advice of the AGF, declared a state of emergency in Rivers State, which led to the removal of the lawfully elected governor.
The affidavit further stated that the President subsequently sent a list of RSIEC nominees to the Senate, despite the fact that the state’s electoral body had already been properly constituted by the governor and was still in office. The group noted that the existing RSIEC was actively carrying out its statutory duties, including the conduct of the local government elections held on October 5, 2024.
The plaintiff argued that since the tenure of the current RSIEC officials has not expired and none of the members have resigned, any attempt to dissolve or replace them is unconstitutional.
The suit also names the Governor of Rivers State, the RSIEC, and Justice Adolphus Enebeli (the current RSIEC Chairman) as co-defendants.
No date has been fixed yet for the hearing of the matter.
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