₦airaland Forum

An Abuja based advocacy group, Center for Reform and Public Advocacy has dragged President Bola Tinubu, Attorney-General of the Federation (AGF) 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 civil rights group, in a suit marked FHC/ABJ/CR /1196/2025, is praying the court to set aside the purported nominations done 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 chairman and 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 powers to seek approval of the Senate to constitute an electoral committee for Rivers State.

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

The body also 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 and that the Senate also lacked powers to accept any nomination from the President for the purpose of constituting electoral committee for Rivers State.

Besides, 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 National Assembly from taking part in any proceeding for the appointment and approval of nominees for RSIEC.

Besides, the group wants the resolution of the Senate approving Tinubu’s nominees for RSIEC to be set aside on the ground 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 organization registered in Nigeria.

It claimed that on March 18, 2025, Tinubu on the advice of the AGF declared a state of emergency in Rivers State and that the 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 rule, President Tinubu, acting on the advice of the AGF, sent a list of nominees to the Senate to be confirmed we members of the Rivers State Independent Electoral Commission

He said that the plaintiff quickly wrote to the AGF and Senate President to halt the process of approving the said nominees on the ground of illegality.

The affidavit said that the Rivers governor 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.

Besides, the affidavit said that the tenure of the Electoral Commission legally constituted by the governor has not expired and as such cannot be unlawfully removed or dissolved especially when members have not resigned.

The affidavit said 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.

Apart from the AGF, Tinubu and the National Assembly, the other defendants are Governor of Rivers, Rivers State Independent Electoral Commission and Justice Adolphus Enebeli, Chairman of RSIEC.

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

Bobloco:
An Abuja based advocacy group, Center for Reform and Public Advocacy has dragged President Bola Tinubu, Attorney-General of the Federation (AGF) 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 civil rights group, in a suit marked FHC/ABJ/CR /1196/2025, is praying the court to set aside the purported nominations done 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 chairman and 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 powers to seek approval of the Senate to constitute an electoral committee for Rivers State.

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

The body also 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 and that the Senate also lacked powers to accept any nomination from the President for the purpose of constituting electoral committee for Rivers State.


Besides, 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 National Assembly from taking part in any proceeding for the appointment and approval of nominees for RSIEC.

Besides, the group wants the resolution of the Senate approving Tinubu’s nominees for RSIEC to be set aside on the ground 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 organization registered in Nigeria.

It claimed that on March 18, 2025, Tinubu on the advice of the AGF declared a state of emergency in Rivers State and that the 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 rule, President Tinubu, acting on the advice of the AGF, sent a list of nominees to the Senate to be confirmed we members of the Rivers State Independent Electoral Commission.


He said that the plaintiff quickly wrote to the AGF and Senate President to halt the process of approving the said nominees on the ground of illegality.

The affidavit said that the Rivers governor 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.

Besides, the affidavit said that the tenure of the Electoral Commission legally constituted by the governor has not expired and as such cannot be unlawfully removed or dissolved especially when members have not resigned.

The affidavit said 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.

Apart from the AGF, Tinubu and the National Assembly, the other defendants are Governor of Rivers, Rivers State Independent Electoral Commission and Justice Adolphus Enebeli, Chairman of RSIEC.

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

https://dailypost.ng/2025/06/20/tinubu-agf-nass-dragged-to-court-over-appointment-of-rivers-electoral-officers/

slivertongue:
The court seem to be in the pocket of APC

Amitex:
Na, this one go choke, any action that is head to head against constitutional provisions are dead.
1. RSIEC cannot be removed when their tenor has not expired. Moreover, they did not resign.
2. The constitution empowers only the governor to nominate members and state assembly to vet and approve, NOT national assembly.
3. There is no law empowering an unelected persons from doing the job of an elected governor who has not been impeached or dead. As far Rivers is concerned, and in the eye of the Constitution, Fubara is still the governor.
4. Any action taken by the "rogue" RSIEC is NULL AND VOID and of NO EFFECT.
5. Tinubu's violation of the Constitution is an affront to Nigeria corporate existence. A sane NASS is supposed to commence his impeachment.

Ikaeniyan0:
Rivers state is under a state of emergency, so the president have the power to appoint them.

Akpakomiza2:
Did the house of assembly screen the rsiec members fubara appointed

Akpakomiza2:
Did the house of assembly screen the rsiec members fubara appointed

Kukutente23:
Under what laws

Quote the laws the says so

Ikaeniyan0:
You should make the research yourself. Rivers state is presently under a state of emergency.

RISQUE:
In a country where we see this level of injustice as normal, we should not forget that this level of normality will go round.

ogmask:
Fubara didn't appoint them, wike did.
They were cleared by the previous assembly before fubara took charge.

AMINDA:
Tinubu just wants to use strong-arm tactics to win the South but it's not working. He's highly unpopular. A Southern candidate that does not genuinely have his base by his side. He won only 4 out of 6 southwestern states and then Rivers state under questionable circumstances. Just 5 states in the entire South. He was beaten blue black by Obi even at his polling unit on bourdillon. The North made Tinubu President.

You can't buy love, and neither can you copy respect!

Kukutente23:
You shouldn't say things you don't know.

Ikaeniyan0:
There's a state of emergency in Rivers state, ranting online won't change reality.

Amitex:
Na, this one go choke, any action that is head to head against constitutional provisions are dead.
1. RSIEC cannot be removed when their tenor has not expired. Moreover, they did not resign.
2. The constitution empowers only the governor to nominate members and state assembly to vet and approve, NOT national assembly.
3. There is no law empowering an unelected persons from doing the job of an elected governor who has not been impeached or dead. As far Rivers is concerned, and in the eye of the Constitution, Fubara is still the governor.
4. Any action taken by the "rogue" RSIEC is NULL AND VOID and of NO EFFECT.
5. Tinubu's violation of the Constitution is an affront to Nigeria corporate existence. A sane NASS is supposed to commence his impeachment.

Akpakomiza2:
Did the house of assembly screen the rsiec members fubara appointed

AMINDA:
Tinubu just wants to use strong-arm tactics to win the South but it's not working. He's highly unpopular. A Southern candidate that does not genuinely have his base by his side. He won only 4 out of 6 southwestern states and then Rivers state under questionable circumstances. Just 5 states in the entire South. He was beaten blue black by Obi even at his polling unit on bourdillon. The North made Tinubu President.

You can't buy love, and neither can you copy respect!

peleson1:
Fubara is the governor , he is the one the law enabled to nominate and if the state House did not screen them then let them go to court.
What is the illegally of the AGF and president and Nass trying to snatch and grab and twist the people's mandate.
Anarchy is brewing and this fubara matter will consume Tinubu .

Akpakomiza2:
You are funny. Fubara should commit illegality and others should not? Rivers situation is where it is because fubara committed illegality

Akpakomiza2:
There was one that fubara appointed and where cleared by the illegal house