Tensions surrounding constitutional powers have escalated as Abuja-based advocacy group, the Center for Reform and Public Advocacy, drags President Bola Tinubu, Attorney-General of the Federation Lateef Fagbemi (SAN), and the National Assembly before the Federal High Court in Abuja for allegedly usurping the powers of the Rivers State Governor in appointing members of the Rivers State Independent Electoral Commission (RSIEC).
The civil rights group, through suit number FHC/ABJ/CR/1196/2025, is seeking judicial intervention to void the nominations submitted by President Tinubu and approved by the Senate, asserting that such appointments violate the constitutional autonomy of states. According to the group, only the Governor of Rivers State has the legal authority to appoint the chairman and members of RSIEC under Sections 11(4), 197, 198, 199, and 201 of the 1999 Constitution.
Filed by counsel Kalu Kalu Agu, the originating summons demands a declaration from the court that Tinubu’s nominations and the Senate’s endorsement of electoral officers for a state commission are unconstitutional, null, and void. The group also requests a perpetual injunction restraining the President, AGF, and National Assembly from further interference in matters related to RSIEC appointments.
The advocacy body, which claims to operate as a non-profit pro-democracy watchdog, alleged that the controversy stems from the March 18, 2025 declaration of a state of emergency in Rivers State—an action that allegedly led to the illegal removal of the state governor. Following that move, President Tinubu, based on the AGF’s advice, reportedly submitted new RSIEC nominees to the Senate for confirmation.
In a 30-paragraph affidavit sworn to by Emmanuella Alisi, the group stated that it had promptly written to the AGF and Senate President, warning that the move undermined the constitutional framework. The affidavit emphasized that the lawfully appointed RSIEC officers, constituted by the Rivers Governor, are still in office, with their tenure running beyond October 5, 2024, when they oversaw the last local government elections.
The group’s legal team argued that no lawful resignation or expiration of term had occurred to warrant their replacement, and any federal intervention amounts to overreach and executive lawlessness. It insisted that state electoral commissions fall exclusively under the purview of state governments, not the federal government or the Senate.
Apart from Tinubu, the AGF, and the National Assembly, the lawsuit also lists the Governor of Rivers State, the current RSIEC, and Justice Adolphus Enebeli—Chairman of the Commission—as co-defendants. The Federal High Court has yet to assign a date for hearing the constitutional challenge that could have far-reaching implications on federal-state relations and electoral integrity in Nigeria.
