According to the Center for Reform and Public Advocacy, a civil rights organization, President Bola Tinubu was not authorized by the constitution to designate representatives for the Rivers State Independent Electoral Commission (RSIEC) in order to hold elections for local governments.
As a result, the group has requested that the Senate deny approval to the President’s candidates for the positions of chairman and Electoral Commission members.
The group asserted that the Senate’s acceptance of the presidential nominees would constitute a blatant violation of the 1999 Constitution and that only state governors have the authority to do so.
In the event that the Senate approved the President’s nomination, it vowed to sue them.
Since the terms of those legitimately appointed to the Commission have not expired, the group argued in a letter to the Senate President that there is now no vacancy for President Tinubu to fill on the Rivers State Independent Electoral Commission.
The organization stated in a letter received by the Senate President’s Office on June 17 that Tinubu is not authorized by the constitution or any other law to choose electoral officers for Rivers or any other state in the nation to conduct council elections.
The group’s letter, signed by its Head, Legal Unit, Barrister Kalu Agu Kalu, maintained that it was unlawful and illegal for Tinubu to have sought to appoint electoral officers for the purpose of conducting election for local governments in Rivers.
The letter read in part, “We are a non-profit, pro-democracy, human rights, anti-corruption and public interest advocacy organization in Nigeria.
“In line with our objectives, we respectfully wish to bring to your notice that there is no vacancy at the Rivers State Independent Electoral Commission (RSIEC).
“This letter is predicated on the misguided letter from President Bola Ahmed Tinubu to you, requesting the approval for the appointment of a Chairman and six members of the Rivers State Independent Electoral Commission (RSIEC).
“It is worthy of note that by virtue of sections 197 and 198 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) it is the exclusive reserve of the Governor of Rivers State to appoint the Chairman and members of the Rivers State Independent Electoral Commission which is subject to confirmation by a resolution of the House of Assembly of Rivers State.
As is well known, RSIEC has been duly established and has been carrying out its constitutional and statutory mandate as outlined in the Grundnorm. The most recent of these activities was the conduct of the Rivers State Local Government Election on October 5, 2024, which was declared invalid by the Apex Court.
Section 201(1)(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) lays out in detail the procedures for dismissing the Chairman and members of the Rivers State Independent Electoral Commission.As a result, one questions why President Bola Ahmed Tinubu wrote to the Senate requesting approval for the appointment of the Chairman and six members of the RSIEC when their terms are still in effect and no one has seen a letter of resignation from them. In light of the foregoing, we kindly ask that you put a stop to the process of verifying the President’s names for the aforementioned nominees because the Rivers State Independent Electoral Commission is currently vacant.
Please take note that if you do not comply with our request within two days of receiving this letter, we will petition the court for an order of injunction prohibiting you from proceeding with the process of confirming the aforementioned nominees, as this is not only unconstitutional but also illegal, unlawful, and a violation of democratic principles.
The letter said, “We hope that you will let sensible counsel win the case in order to prevent needless litigation and waste of public funds which are used to sustain your proceedings in the Senate.”
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