Tinubu’s RSIEC Appointments Spark Legal Showdown as Group Accuses Presidency of Constitutional Breach

A constitutional crisis is brewing as President Bola Ahmed Tinubu, Attorney-General of the Federation Lateef Fagbemi (SAN), and the National Assembly face a fierce legal challenge over alleged illegal appointments into the Rivers State Independent Electoral Commission (RSIEC). A prominent Abuja-based civil rights group, Center for Reform and Public Advocacy, has filed suit FHC/ABJ/CR/1196/2025 before the Federal High Court in Abuja, asserting that the federal government overstepped its constitutional boundaries.

Court documents show that the group, represented by lawyer Kalu Kalu Agu, wants Tinubu’s list of RSIEC nominees—forwarded to the Senate for confirmation—nullified on the basis that only a sitting state governor holds the constitutional power to appoint or remove officials of a state electoral body. The suit further asks the court to bar the AGF and the National Assembly from participating in any future RSIEC appointments.

The plaintiffs argued that Tinubu acted unlawfully when he, on March 18, 2025, declared a controversial state of emergency in Rivers State—an action which allegedly led to the removal of the elected governor. They claim that this move set the stage for the federal takeover of RSIEC, bypassing constitutional procedures and undermining the authority of the state government.

The affidavit, sworn by Emmanuella Alisi, stated that the Rivers governor had already constituted a legal electoral commission whose tenure is still valid. The group also revealed that it wrote to both the AGF and Senate President on March 20, 2025, urging them to halt the confirmation of Tinubu’s nominees, which they insist is unconstitutional and designed to manipulate upcoming local elections.

Notably, the state’s legally established electoral commission had already scheduled and conducted the October 5, 2024, local government elections. The civil society group contends that dissolving or replacing a commission mid-tenure, without due process, violates Section 201 of the 1999 Constitution and sets a dangerous precedent for democracy and federalism.

Apart from President Tinubu and AGF Fagbemi, other defendants in the case include the National Assembly, Governor of Rivers State, RSIEC, and Justice Adolphus Enebeli, who chairs the current commission. The plaintiffs are seeking a perpetual injunction against further federal interference and a judicial declaration to restore the governor’s exclusive powers over RSIEC appointments.

As of now, the Federal High Court has not fixed a date for the hearing, but the legal and political implications of this high-stakes battle are expected to resonate far beyond Rivers State, potentially reshaping federal-state power dynamics across Nigeria.