….Urges Defense of Constitution and Democracy
In a bold move to uphold Nigeria’s constitutional democracy, a coalition of concerned citizens, legal professionals, civil society actors, and democratic advocates have filed a petition addressing what they term a serious constitutional infraction by President Bola Ahmed Tinubu.
Oludotun Sowemimo Esq,on behalh of the petition, directed at the National Assembly, challenges the president’s recent submission of names intended to constitute the Rivers State Independent Electoral Commission (RSIEC).
The petitioners argue that this action is not only unconstitutional but also raises significant concerns regarding federalism and the integrity of Nigeria’s electoral processes.
They point out that the 1999 Constitution, as amended, clearly outlines the procedures and requirements for the establishment and membership of state electoral commissions, suggesting that the president’s unilateral submission undermines these provisions.
“This singular act by President Tinubu constitutes a grave infraction against the foundational principles enshrined in our Constitution,” the coalition stated in a press release. They emphasized that such moves could set a dangerous precedent, potentially jeopardizing the independence of state electoral bodies across the nation.
The petition calls on the National Assembly to take immediate action to rectify what they view as an affront to democratic governance. “It is imperative that we defend our Constitution, democracy, and federalism against any attempts to undermine them,” they asserted.
As the political landscape continues to evolve, this petition highlights the need for vigilant oversight and accountability in the nation’s leadership. The coalition’s proactive stance reflects a growing sentiment among Nigerians concerned about the protection of their democratic rights and the adherence to constitutional provisions.
The group has pledged to mobilize public support for their cause, urging citizens to join in the fight for a transparent and accountable electoral process. As discussions unfold, the eyes of the nation remain fixed on how legislative leaders will respond to this significant challenge to Nigeria’s democratic framework.
Full text of the petition:
15th June 2025
The Senate President
National Assembly Complex
Three Arms Zone, Abuja
Federal Republic of Nigeria
Dear sir,
PETITION AGAINST THE UNCONSTITUTIONAL SUBMISSION BY PRESIDENT BOLA AHMED TINUBU OF NAMES OF MEMBERS OF THE RIVERS STATE INDEPENDENT ELECTORAL COMMISSION (RSIEC): A CALL TO DEFEND THE NIGERIAN CONSTITUTION, DEMOCRACY, AND FEDERALISM
We write on behalf of concerned citizens and stakeholders in Nigeria’s constitutional democracy, including legal professionals, civil society actors, and democratic advocates, to draw the urgent attention of the National Assembly to a grave constitutional infraction committed by the President of the Federal Republic of Nigeria, His Excellency Asiwaju Bola Ahmed Tinubu, in the purported submission of names of members to constitute the Rivers State Independent Electoral Commission (RSIEC)
This singular act raises serious constitutional and institutional concerns and is inconsistent with the clear provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
1. Breach of Sections 197 and 198 of the Constitution
Sections 197(1)(b) and (2) of the Constitution clearly provide for the establishment of State Independent Electoral Commissions (SIECs) and other state executive bodies, which are to be constituted by the Governor of the State subject to confirmation by the State House of Assembly.
Section 198 further mandates that the appointment of the chairman and members of such commissions shall be made by the Governor, not the President of the Federal Republic of Nigeria. By submitting names to the National Assembly for such appointments in Rivers State, the President has, with respect, acted ultra vires his constitutional powers.
2. Role of INEC and the Federal Character Principle
The Independent National Electoral Commission (INEC), established under Section 153 and item F of the Third Schedule, is empowered to regulate elections at the federal level. INEC does not possess supervisory authority over State Independent Electoral Commissions, which are creatures of the states. Any federal encroachment into the affairs of SIECs undermines the federal structure enshrined in our Constitution.
Moreover, appointments into state organs by a federal authority also violate the federal character principle and undermines local autonomy—a cornerstone of the democratic and federal ethos of our republic.
3. Judicial Pronouncements and the Doctrine of Separation of Powers
We refer this Honourable National Assembly to settled jurisprudence of the Supreme Court, including but not limited to:
Attorney General of Lagos State v. Attorney General of the Federation (2003) 12 NWLR (Pt. 833) 1, where the apex court affirmed the constitutional independence of states in matters not expressly ceded to the federal government.
Inakoju v. Adeleke (2007) 4 NWLR (Pt. 1025) 423, where the Supreme Court emphasized the sanctity of constitutional provisions and the impermissibility of actions that offend the doctrine of separation of powers.
The President’s submission of names to the National Assembly for appointment into state commissions violates the spirit and letter of federalism, and if allowed to stand, sets a dangerous precedent that could render state governments powerless and subordinate extensions of the federal government.
4. Threat to Democratic Structures and the Rule of Law
Nigeria’s constitutional democracy is founded upon the principle that sovereignty resides in the people and is expressed through the institutions established under the Constitution. Allowing the President to usurp the powers of State Governors not only destroys the principle of separation of powers but also weakens the institutional integrity of state governments.
We ask: would the same be done in Zamfara, Katsina, Jigawa, Bauchi, Oyo, or Anambra Statewhere strong political and institutional identities are rooted? Such a federal overreach in those states would provoke justifiable constitutional uproar and judicial challenge.
5. Our Prayers
In light of the foregoing, we respectfully call upon the National Assembly to:
1. Reject any list submitted by the President for appointment into Rivers State statutory bodies, as such action is unconstitutional.
2. Issue a formal resolution reaffirming the constitutional limits of federal executive powers under Sections 5, 153, 197 and 198 of the 1999 Constitution.
3. Refer the matter to the Judiciary Committee for legal clarification and, where necessary, recommend the invocation of relevant constitutional checks and balances.
4. Advise the President, through formal communication, on the impropriety of such actions in future to preserve the integrity of Nigeria’s federalf system.
Conclusion
The Constitution is the grundnorm—the supreme law from which all authorities derive their legitimacy. Any erosion of its principles, however subtle, must be resisted. The sanctity of state institutions must be preserved if our democratic experiment is to survive.
We trust that this petition will receive the urgent and serious attention it deserves, in defence of constitutionalism, federalism, and democracy in Nigeria.
Yours faithfully,
Oludotun Sowemimo Esq.
Principal Partner
Oludotun Sowemimo & Associate.
