Anebi
A Civil Rights Group, the Center for Reform and Public Advocacy has said that President Bola Tinubu lacked the constitutional power to appoint officials for the Rivers State Independent Electoral Commission (RSIEC) for the purpose of conducting local government election.
Consequently, the group has asked the Senate not to give approval to the nominees of the President for appointment as chairman and members of the Electoral Commission.
The group claimed that only state governors are empowered to do so and that giving approval to the presidential nominees by the Senate would amount to flagrant breach of the 1999 Constitution.
It threatened to take legal action against the Senate should approval be granted to the President’s nomination.
In a letter to the Senate President, the group claimed that there was no vacancy for President Tinubu to fill in the Rivers State Independent Electoral Commission at the moment on the ground that tenure of those legally appointed into the Commission has not lapsed.
In the letter received in the Senate President’s Office on June 17, the group claimed that Tinubu has no constitutional power or power under any law to appoint electoral officers for Rivers or any states in the country to conduct council polls.
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.
“It is common knowledge that RSIEC has been duly constituted and has been discharging its constitutional and statutory mandate as envisaged by the grundnorm, the latest of its activity being the conduct of the 5th October, 2024, Rivers State Local Government Election which the Apex Court nullified.
“The procedures for the removal of the Chairman and members of the Rivers State Independent Electoral Commission are clearly spelt out in section 201(1)(2) of the 1999 Constitution of the Federal Republic of Nigeria (as altered).
“One, therefore, wonders the rationale behind the letter from President Bola Ahmed Tinubu seeking the approval of the Senate for the appointment of the Chairman and six members of the RSIEC when their tenure of office is still subsisting and no one has seen any resignation letter from them.
“Arising from the above, we respectfully urge you to halt the process of confirming the names of the said nominees from the President as there is no vacancy at the RIvers State Independent Electoral Commission.
“Take Notice that in the event you fail to heed to our demand within two days of receipt of this letter, we shall approach the court for an order of injunction restraining you from going on with the process of confirming the said nominees as same is not only unconstitutionally but illegal, unlawful and an affront to the tenets of democracy.
“We are hopeful that you will allow wise counsel prevail in the circumstance so as to avert unnecessary litigation and waste of public funds which are used to sustain your proceedings in the Senate,” the letter warned.
Advocacy group says Tinubu can’t appoint officials for RSIEC, asks Senate not to approve nominees
