An Abuja-based advocacy group, the Centre for Reform and Public Advocacy, has dragged President Bola Tinubu, the Attorney-General of the Federation (AGF), and the National Assembly before the Federal High Court in Abuja, challenging their powers to appoint Electoral Officers for the Rivers State Independent Electoral Commission (RSIEC).
The civil rights group, in a suit marked FHC/ABJ/CR/1196/2025, is seeking the court’s intervention to set aside the purported nominations made by the President and approved by the Senate, on the grounds that they lack constitutional authority to appoint officials for a state electoral body.
According to the group, in the suit filed on its behalf by Abuja-based lawyer Mr Kalu Kalu Agu, only the Governor of Rivers State is constitutionally empowered to appoint the Chairman and six members of the RSIEC.
In their originating summons, the plaintiff urged the court to determine whether, by virtue of the combined provisions of Sections 11(4), 197, 198, 199, and 201 of the 1999 Constitution (as amended), President Tinubu has the authority to seek Senate approval for constituting an electoral committee for Rivers State local governments.
Based on a negative determination of the constitutional question, the rights group seeks a declaration that the appointment and removal of the Chairman and six members of RSIEC fall exclusively within the powers of the Governor of Rivers State, and not the President.
The group also requested a court declaration that President Tinubu lacks the constitutional authority to seek the National Assembly’s approval for appointing RSIEC officials, and that the Senate has no legal power to accept such nominations.
Furthermore, the group is asking the court to issue an order setting aside the list of RSIEC Chairmanship and membership nominees sent to the Senate by President Tinubu, on the grounds that the action is unconstitutional, null and void.
They also prayed for a perpetual injunction restraining the AGF, the President, and the National Assembly from participating in any process involving the appointment and approval of nominees for RSIEC.
In addition, the group wants the Senate resolution approving the President’s nominations for RSIEC to be invalidated on the grounds of illegality.
In a 30-paragraph affidavit in support of the originating summons, the advocacy group claimed that, on 18 March 2025, President Tinubu, acting on the advice of the AGF, declared a state of emergency in Rivers State, which allegedly led to the removal of the lawfully elected Governor.
The affidavit, deposed to by one Emmanuella Alisi, stated that following the controversial emergency declaration, the President reportedly sent a list of nominees to the Senate for the appointment of Electoral Officers for the local governments in Rivers State.
The affidavit added that the plaintiff had promptly written to the AGF and the Senate President, urging them to halt the approval process on the grounds of illegality.
It further maintained that the Governor of Rivers State had already constituted a legally recognised Electoral Commission, which was actively performing its statutory duties, including the conduct of local government elections in the state on 5 October 2024.
The affidavit also asserted that the tenure of the duly constituted Electoral Commission had not expired, and its members had neither resigned nor been lawfully removed, hence they could not be unconstitutionally dissolved.
It contended that, given the defendants’ oath to uphold the Constitution as the supreme law of the land, the court should compel them to act within the bounds of the Constitution in the interest of justice.
Apart from the AGF, President Tinubu, and the National Assembly, other defendants in the suit include the Governor of Rivers State, the Rivers State Independent Electoral Commission (RSIEC), and Hon Justice Adolphus Enebeli, RSIEC.
Meanwhile, no date has been fixed for the hearing of the suit.
