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 group, in a suit marked FHC/ABJ/CR/1196/2025, is praying the court to set aside the purported nominations made by the President and the approval by the Senate on the grounds that they lacked Constitutional powers 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 six members for the RSIEC.

In their 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, President Tinubu has the power to seek approval of the Senate to constitute an electoral committee for Rivers State Local Government.

Upon determining 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 the President, to appoint and remove a chairman and six members of the state electoral committee.

The body also asked the court to declare that President 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 for the purpose of constituting an electoral committee for Rivers State.
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 NASS from participating in any proceeding for the appointment and approval of nominees for the RSIEC.

The group wants the resolution of the Senate approving the nomination of President Tinubu for RSIEC to be set aside on the grounds 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 organisation registered in Nigeria.

It claimed that on March 18, 2025, President Tinubu, at the advice of the AGF, declared a state of emergency in Rivers State, and that this 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, President Tinubu, acting on the advice of the AGF, reportedly sent a list of nominees to the Senate for the purpose of Electoral Officers for local governments in Rivers.

He stated that the plaintiff promptly wrote to the AGF and the 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 an Electoral Commission that has been discharging its statutory functions, among which was the conduct of local government elections for the state on October 5, 2024.

Furthermore, the affidavit stated that the tenure of the Electoral Commission, as legally constituted by the governor, has not expired and, therefore, cannot be unlawfully removed or dissolved, especially since the commission’s 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 AGF, Tinubu, and NASS, the remaining defendants are the Governor of Rivers, Rivers State Independent Electoral Commission and Hon Justice Adolphus Enebeli.

Meanwhile, no date has been fixed for the hearing of the suit.