An Abuja based advocacy group on the aegis of ‘Center for Reform and Public Advocacy’ has dragged President Bola Tinubu, the Attorney-General of the Federation (AGF) and Minister of Justice, 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 (RSIEC).
The organisation, in a suit marked FHC/ABJ/CR /1196/2025, is praying the court to set aside the purported nominations carried out by President Tinubu and the approval by the Senate on the grounds that they lacked the constitutional powers to appoint officials for a State Electoral commission.
It argued in the suit filed on its behalf by an Abuja based lawyer, Mr Kalu Kalu Agu, that only the Governor of Rivers State is constitutionally empowered to appoint chairman and members for the RSIEC.
In an originating Summons, the plaintiff prayed the court to determine whether by virtue of the combined effects of Sections 11(4), 197, 198, 199 and 201, of the 1999 Constitution, the President has powers to seek approval of the Senate to constitute an Electoral Committee for the conduct of Local Government elections in Rivers State.
The group said that upon the determination of the constitutional provisions in the affirmative, it 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 the chairman and six members of the Rivers State Electoral Commission.
The organisation further 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.
It also wants the court to declare that the Senate lacked powers to accept any nomination from the President for the purpose of constituting an Electoral body for Rivers State.
The ‘Center for Reform and Public Advocacy’ therefore applied for an order of the court setting aside the list of the nominees for the chairmanship and membership of RSIEC sent to the Senate by Tinubu for being unconstitutional, null and void.
The Centre also sought an order of perpetual injunction restraining the President, AGF and the National Assembly from taking part in any proceeding for the appointment and approval of nominees for RSIEC.
It is also praying the court to set aside the resolution of the Senate approving Tinubu’s nominees on the ground of illegality.
In a 30-paragraph affidavit in support of the originating summons, the Centre which said that it is a non-profit, pro-democracy, human rights, anti-corruption and public interest advocacy organization registered in Nigeria, noted that on March 18, 2025, President Tinubu on the advice of the AGF declared a state of emergency in Rivers State which led to the removal of the lawfully elected governor.
In the affidavit deposed to by Emmanuella Alisi, the Centre 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.
The affidavit further said that the Governor of Rivers State had dully constituted the Electoral Commission that has been discharging its statutory functions among which was the conduct of local government election for the state on October 5, 2024.
The affidavit noted that the tenure of the Rivers State Independent Electoral Commission that was legally constituted by the governor has not expired and as such cannot be unlawfully removed or dissolved especially when members did not resign.
The affidavit therefore argued that since the defendants took 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.
Joined in the suit as defendants are Governor of Rivers, the Rivers State Independent Electoral Commission and Justice Adolphus Enebeli, Chairman of RSIEC.
No date has been fixed for hearing of the suit yet.
