The Center for Reform and Public Advocacy, a civil society group based in Abuja, has taken legal action against President Bola Tinubu, the Attorney-General of the Federation (AGF) Lateef Fagbemi, SAN, and the National Assembly over what it terms an illegal appointment process concerning the Rivers State Independent Electoral Commission (RSIEC).
The group approached the Federal High Court in Abuja, seeking to challenge the federal government’s role in nominating and approving officers for the RSIEC.
The case, filed under suit number FHC/ABJ/CR/1196/2025, was initiated by legal representative Mr. Kalu Kalu Agu. The group insists that, under Nigeria’s 1999 Constitution, only the governor of Rivers State holds the authority to appoint the chairman and members of the state electoral commission.
According to the suit, the group is asking the court to determine whether Sections 11(4), 197, 198, 199, and 201 of the Constitution permit President Tinubu to nominate electoral officials for a state commission and seek Senate approval for the same. It notes that this action goes against the spirit and letter of the law.
In its prayers to the court, the group is requesting a declaration that the role of appointing and removing officials of the RSIEC is solely the responsibility of the Rivers State Governor. It further wants the court to nullify the list of nominees sent to the Senate by the President, describing the action as unconstitutional and invalid.
Additionally, the advocacy group is demanding an injunction to stop the AGF, President Tinubu, and the National Assembly from participating in any activities involving the appointment or approval of officials for the RSIEC.
The group also wants the court to void the Senate’s resolution that approved the President’s list, describing the approval process as illegal. It submitted a 30-paragraph affidavit in support of the suit, which was sworn to by Emmanuella Alisi. The affidavit describes the organization as a non-profit, pro-democracy body that promotes human rights, anti-corruption, and public interest.
The affidavit also alleges that President Tinubu, following the advice of the AGF, declared a state of emergency in Rivers State on March 18, 2025. This, the group claims, led to the removal of the elected governor of the state. As a result, a list of nominees for the RSIEC was forwarded to the Senate for confirmation.
It further claims that the advocacy group had written to both the AGF and the Senate President, urging them to stop the approval process due to its questionable legality. It noted that the RSIEC, as duly constituted by the Rivers Governor, was still in office and had not completed its term. The current commission had even conducted local government elections in the state on October 5, 2024.
The affidavit stresses that since the commission’s members have not resigned and their tenure has not ended, any effort to remove or replace them is against the law.
The group believes the actions of the federal officials violate the Constitution, which they swore to uphold, and is urging the court to intervene in order to protect democratic governance and the rule of law.
Alongside Tinubu, the AGF, and the National Assembly, the Governor of Rivers State, RSIEC itself, and its current chairman, Justice Adolphus Enebeli, have also been listed as defendants in the suit.
