***Group Opposes Federal Interference in State Electoral Body
A fresh constitutional battle is unfolding at the Federal High Court in Abuja, where President Bola Tinubu, the Attorney-General of the Federation, Lateef Fagbemi, SAN, and the National Assembly have been dragged to court for allegedly overstepping their powers in the political administration of Rivers State.
The lawsuit, filed by Abuja-based rights group Center for Reform and Public Advocacy, challenges the legality of federal appointments into the Rivers State Independent Electoral Commission (RSIEC)—a move the group claims violates both the spirit and letter of Nigeria’s 1999 Constitution.
At the heart of the suit (FHC/ABJ/CR/1196/2025) is a constitutional face-off sparked by the controversial state of emergency declared in Rivers State on March 18, 2025, which allegedly led to the removal of the elected governor and opened the door for federal intervention in state governance.
Filed through counsel Kalu Kalu Agu, the advocacy group contends that the President acted illegally by forwarding a list of nominees to the Senate for the RSIEC, a body that, under the Constitution, should be appointed solely by the state governor.
“The power to appoint or remove RSIEC officials resides only with the Governor of Rivers State,” the group asserts in its originating summons, citing Sections 11(4), 197, 198, 199, and 201 of the Constitution. It further argues that neither the President nor the National Assembly has any constitutional role in the process.
The group is praying the court to not only declare the federal nominations unconstitutional, but to nullify the Senate’s approval of the list and bar any further participation by Tinubu, the AGF, or the National Assembly in the state’s electoral matters.
Supporting the suit is a 30-paragraph affidavit deposed by Emmanuella Alisi, detailing how the President allegedly acted on the AGF’s advice to replace an already functional electoral commission constituted by the Rivers governor. The affidavit asserts that this commission successfully conducted local government elections in October 2024, and its tenure has not lapsed.
The legal challenge raises critical questions about federal overreach, especially in the aftermath of emergency rule—a mechanism often viewed as a last resort in democratic governance.
Also joined in the suit are the Governor of Rivers State, RSIEC, and Justice Adolphus Enebeli, the current RSIEC Chairman, whose appointment is now in legal limbo.
No date has been fixed for hearing, but the case is already drawing attention from constitutional lawyers and political watchers alike, as it could set a defining precedent for the limits of federal authority over state electoral institutions in Nigeria’s federal system.
