A civil rights organization, the Centre for Reform and Public Advocacy, has called on the Senate to reject President Bola Ahmed Tinubu’s nominees for appointment into the Rivers State Independent Electoral Commission (RSIEC), insisting the President lacks the constitutional authority to make such appointments.
The group stated that only the Governor of Rivers State has the legal mandate to appoint RSIEC officials, and any Senate approval of the President’s nominees would constitute a flagrant violation of the 1999 Constitution.
In a letter addressed to Senate President Godswill Akpabio, received on June 17, the group warned that it would take legal action if the Senate proceeds with the confirmation of the nominees.
“There is no vacancy at the RSIEC. The Commission is duly constituted, and its officials have not resigned nor been removed in accordance with constitutional procedures,” the group wrote.
Signed by its Head of Legal Unit, Barrister Kalu Agu Kalu, the letter described President Tinubu’s request as unconstitutional, unlawful, and a direct affront to the principles of federalism and democratic governance.
Quoting Sections 197 and 198 of the 1999 Constitution (as amended), the group emphasized that the appointment of RSIEC officials is the exclusive preserve of the state governor, subject to confirmation by the Rivers State House of Assembly.
“The Commission last conducted a local government election on October 5, 2024, which was later nullified by the Supreme Court, but this does not imply a vacancy or justify federal intervention,” the group asserted.
Citing Section 201 of the Constitution, the organization further argued that removal procedures for RSIEC officials are clearly outlined and have not been activated, making any attempt to replace them premature and illegal.
“It is unclear why the President would seek Senate approval to appoint officials whose tenures have not expired and whose removal has not followed due process,” the letter stated.
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The group warned: “Should the Senate ignore this demand within two days of receipt of this letter, we will seek a court injunction to restrain further confirmation proceedings.”
The letter concluded with an appeal for restraint and adherence to constitutional principles: “We hope that wise counsel will prevail to prevent unnecessary litigation and avoid the misuse of public funds on a matter that is clearly outside the President’s purview.”
