An Abuja-based civil rights organization, the Center for Reform and Public Advocacy, has filed a suit at the Federal High Court in Abuja against President Bola Ahmed Tinubu, the Attorney-General of the Federation (AGF), Lateef Fagbemi, SAN, and the National Assembly, challenging their authority to appoint officials for the Rivers State Independent Electoral Commission (RSIEC).
The suit, marked FHC/ABJ/CR/1196/2025, seeks to void the appointments allegedly made by the President and approved by the Senate on the grounds that only the Governor of Rivers State has constitutional authority to appoint the chairman and members of RSIEC.
Filed by Abuja-based lawyer Kalu Kalu Agu on behalf of the group, the suit asks the court to interpret Sections 11(4), 197, 198, 199, and 201 of the 1999 Constitution to determine whether President Tinubu has powers to constitute or seek Senate approval for an electoral body in Rivers State.
The plaintiff is urging the court to declare that the appointment and removal of RSIEC members is an exclusive constitutional responsibility of the Governor of Rivers State and that the President and National Assembly lack such authority. The group is also asking the court to declare unconstitutional the list of RSIEC nominees forwarded by the President to the Senate and to issue an order of perpetual injunction restraining the AGF, the President, and the National Assembly from participating in any proceedings related to RSIEC appointments.
In addition, the group is asking the court to set aside the Senate’s resolution approving the President’s nominees on the ground of illegality.
In a 30-paragraph affidavit deposed to by Emmanuella Alisi, the organization described itself as a non-profit, pro-democracy, human rights, anti-corruption, and public interest advocacy group registered in Nigeria. It stated that on March 18, 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 elected governor. Following that, the President reportedly sent a list of nominees for RSIEC to the Senate for confirmation.
The affidavit noted that the plaintiff wrote to both the AGF and the Senate President to halt the approval process, citing constitutional violations. It also stated that the duly elected Governor of Rivers State had constituted a functioning electoral commission which conducted local government elections on October 5, 2024. The commission’s tenure, according to the affidavit, has not expired, and its members have not resigned or been removed lawfully.
The group argued that since all the defendants had sworn to uphold the Constitution, the court must compel them to act within the bounds of the law.
Other defendants in the suit include the Governor of Rivers State, the Rivers State Independent Electoral Commission, and Justice Adolphus Enebeli, Chairman of RSIEC.
As of the time of filing this report, the court has not fixed a date for hearing.
