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 controversial appointment of officials into the Rivers State Independent Electoral Commission (RSIEC).
The lawsuit, filed by Abuja-based advocacy group Center for Reform and Public Advocacy, challenges the constitutional authority of the President and the Senate to appoint or confirm officers for a state electoral body. The suit is marked FHC/ABJ/CR/1196/2025.
The group, through its lawyer, Mr. Kalu Kalu Agu, is asking the court to declare that only the Governor of Rivers State has the constitutional power to appoint the Chairman and members of RSIEC, citing Sections 11(4), 197, 198, 199, and 201 of the 1999 Constitution.
Key Reliefs Sought by the Group:
- A declaration that the President lacks the legal power to nominate or seek Senate approval for RSIEC appointments.
- An order setting aside the list of nominees sent by Tinubu to the Senate as unconstitutional, null, and void.
- A perpetual injunction restraining the AGF, President, and National Assembly from participating in any such appointments for the RSIEC.
- A declaration that the Senate’s approval of the President’s nominees is illegal and of no effect.
The group claimed that the Governor of Rivers State had already constituted a legally recognized RSIEC, which was actively discharging its duties, including conducting local government elections on October 5, 2024. They stressed that the tenure of the current commission has not expired and that members cannot be removed arbitrarily.
Controversial Emergency Declaration
According to the group’s 30-paragraph affidavit, President Tinubu—on the advice of the AGF—allegedly declared a state of emergency in Rivers State on March 18, 2025, which they argue led to the unlawful removal of the elected governor. Following that, the President sent new RSIEC nominations to the Senate, bypassing the constitutional role of the state governor.
The affidavit, deposed by Emmanuella Alisi, said the organization had written to both the AGF and the Senate President, urging them to halt the nomination process due to its illegality and constitutional breach.
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The group emphasized that the defendants swore to uphold the Constitution, and as such, must be held accountable for actions they believe contravene the supreme law of Nigeria.
Other parties listed as defendants in the suit include:
- The Governor of Rivers State
- Rivers State Independent Electoral Commission (RSIEC)
- Justice Adolphus Enebeli, Chairman of RSIEC
No date has been fixed for the hearing of the case.
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