A Civil Rights Organisation on the aegis of ‘Centre for Reform and Public Advocacy’(CRPA), has warned that it would take legal and all necessary actions against the Senate if it grants President Bola Ahmed Tinubu’ request for the appointment of the Chairman and commissioners of the Rivers State Independent Electoral Commission (RSIEC).
CRPA specifically said that the President lacked the constitutional power to appoint officials of RSIEC for the purpose of conducting local government elections and therefore urged the Senate not to give approval to the nominees of President for appointment as officials of the commission.
It stressed that by virtue of sections 197 and 198 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) it is the exclusive reserve of the Governor of Rivers State to appoint the Chairman and members of the Rivers State Independent Electoral Commission which is subject to confirmation by a resolution of the House of Assembly of Rivers State.
It explained that based on the provisions of the Constitution, only state governors are empowered to do so, adding that giving approval to the presidential nominees by the Senate would amount to flagrant abuse and breach of the 1999 Constitution as amended.
These were contained in a letter addressed to the Senate President in which the Advocacy organisation pointedly said that there was no vacancy for President Tinubu to fill in the Rivers State Independent Electoral Commission at the moment on the ground that tenure of those legally appointed into the Commission has not lapsed.
It specifically said that the President has no constitutional power or power under any law whatsoever to appoint electoral officers for Rivers or any state in the country to conduct council elections.
The CRPA’s letter which was signed by Kalu Agu Kalu Esq, Head, Legal Unit, noted that it was unlawful and illegal for Tinubu to have sought to appoint electoral officers for the purpose of conducting election for local governments in Rivers State.
The letter further stated; “In line with our objectives, we respectfully wish to bring to your notice that there is no vacancy at the Rivers State Independent Electoral Commission (RSIEC).
“This letter is predicated on the misguided letter from President Bola Ahmed Tinubu to you, requesting the approval for the appointment of a chairman and six members of the Rivers State Independent Electoral Commission (RSIEC).
“It is common knowledge that RSIEC has been duly constituted and has been discharging its constitutional and statutory mandate as envisaged by the grundnorm, the latest of its activity being the conduct of the 5th October, 2024, Rivers State Local Government Election which the Apex Court nullified.
“The procedures for the removal of the Chairman and members of the Rivers State Independent Electoral Commission are clearly spelt out in section 201(1)(2) of the 1999 Constitution of the Federal Republic of Nigeria (as altered).
“One, therefore wonders the rationale behind the letter from President Bola Ahmed Tinubu seeking the approval of the Senate for the appointment of the Chairman and six members of the RSIEC when their tenure of office is still subsisting and no one has seen any resignation letter from them.
“Arising from the above, we respectfully urge you to halt the process of confirming the names of the said nominees from the President as there is no vacancy at the RIvers State Independent Electoral Commission.
“Take Notice that in the event you fail to heed to our demand within two days of receipt of this letter, we shall approach the court for an order of injunction restraining you from going on with the process of confirming the said nominees as same is not only unconstitutionally but illegal, unlawful and an affront to the tenets of democracy.
“We are hopeful that you will allow wise counsel prevail in the circumstance so as to avert unnecessary litigation and waste of public funds which are used to sustain your proceedings in the Senate,” CRPA said.
