Civil Rights Group Warns Tinubu Over RSIEC Appointments, Urges Senate to Reject Nominees

A Nigerian civil advocacy group, the Centre for Reform and Public Advocacy, has declared that President Bola Ahmed Tinubu lacks the constitutional authority to appoint officials for the Rivers State Independent Electoral Commission (RSIEC) tasked with overseeing local government elections.

In light of this, the group has urged the Nigerian Senate to withhold confirmation of the President’s nominees for the role of Chairman and members of the Rivers electoral body.

According to the group, the 1999 Nigerian Constitution exclusively empowers state governors to make such appointments, and allowing the President’s nominees to be confirmed would represent a serious constitutional violation.

Furthermore, the group threatened to pursue legal action against the Senate if it proceeds with the approval of the President’s choices.

In a formal letter sent to the Senate President and acknowledged by his office on June 17, the organization maintained that there is no vacancy at RSIEC. It emphasized that the current members were duly appointed and their tenure remains valid.

The letter, which was signed by Barrister Kalu Agu Kalu, the Head of the Legal Unit of the Centre, emphasized that President Tinubu does not possess any constitutional or statutory mandate to appoint officials for any State Independent Electoral Commission, including Rivers State.

The letter further reads:

“We are a non-profit, pro-democracy, human rights, anti-corruption and public interest advocacy organization in Nigeria.
In line with our mandate, we wish to bring to your attention that there is no vacancy in the RSIEC.
This correspondence is in response to President Tinubu’s recent letter seeking Senate approval for the appointment of a Chairman and six members to RSIEC.
It is important to highlight that Sections 197 and 198 of the 1999 Constitution (as amended) clearly place the power to appoint RSIEC officials in the hands of the Governor of Rivers State, subject to confirmation by the Rivers State House of Assembly.
The RSIEC is currently active and fulfilled its last constitutional responsibility during the October 5, 2024 Local Government Elections, although the results were later nullified by the Supreme Court.
Furthermore, Section 201(1)(2) outlines the procedure for removing any RSIEC official. At present, no resignation or removal has been confirmed.”

The group questioned the basis of President Tinubu’s move, highlighting that the existing RSIEC officials’ tenure is still active, and there has been no formal resignation or official notice of dismissal.

It concluded by urging the Senate to stop any action aimed at confirming the President’s appointees, stating:

“Should the Senate proceed with the confirmation process despite this warning, we will initiate a legal injunction within two days to prevent this constitutional breach.
We trust that sound judgment will prevail to avoid unnecessary litigation and misuse of public funds.”