The African Democratic Congress (ADC) has filed a lawsuit at the High Court of Rivers State, challenging the legality of the actions of Vice Admiral Ibok-Ete Ekwe Ibas (Rtd.), the Sole Administrator of Rivers State, over the appointment of the Rivers State Independent Electoral Commission (RSIEC) board and the issuance of a revised election timetable.
In the suit marked PHC/3126/CS/2025 and brought before the Port Harcourt Judicial Division, the ADC listed Ibas, the Rivers State Government, the Attorney-General of Rivers State, and RSIEC as defendants.
In the suit, filed through G.C. Chinda & Co, the ADC is asking the court to determine whether the Sole Administrator, who is not the elected governor of Rivers State, has the constitutional powers to nominate and appoint members of the RSIEC board, a function reserved for the executive governor under the 1999 Constitution (as amended) and the Rivers State Independent Electoral Commission Law, 2018.
The party also seeks to nullify the revised timetable for the state’s local government elections released by the newly appointed RSIEC board, arguing that it violates Section 20(1)(a)(iii) and (b) of the RSIEC Law.
The ADC argued that the Nigerian Constitution and the RSIEC law exclusively empower the elected Governor of Rivers State, not an appointed administrator, to nominate and present electoral commission members for confirmation.
The party also wants the court to nullify all actions already taken by the commission’s newly appointed board, including preparations for the local government elections.
However, the Claimant seeks the following reliefs: "A Declaration that the purported nomination, appointment, constitution and presentation of the purported members of the Board of the 4th Defendant on the 09/05/2025, by the 1st Defendant, contrary to the exclusive powers, duties and functions conferred on the Executive Governor of Rivers State, under sections 197 (1) & (3) and 198 of the Constitution of the federal Republic of Nigeria, 1999 (as amended) and Section 2 (2) of the Rivers State Independent Electoral Commission Law, 2018, is unlawful, null, void an of no effect whatsoever.
"An Order of the Honourable Court setting aside the purported nomination, appointment, constitution and presentation of the purported Board Members of the 4th Defendant made on the 09/05/2025, and/or any other dates whatsoever by the 1st Defendant.
"An Order setting aside the Revised Election Timetable dated 28/07/2025, for the conduct of the Rivers State Local Government Election, as released and/or published by the 4th Defendant and any other action/activities carried out by the 4th Defendant pursuant to the purported revised election timetable, for non-compliance with Section 20 (1)(a)(iii) & (b) of the Rivers State Independent Electoral Commission Law, 2018.
"An Order setting aside all actions/activities purportedly carried out by the 4th Defendant in furtherance to the conduct of the Rivers State Local Government elections, including the said Rivers State Local Government elections, for non-compliance with Section 20 (1)(a)(iii) & (b) of the Rivers State Independent Electoral Commission Law, 2018."
Among the reliefs sought by the ADC are, "An Order of perpetual injunction restraining the 1st Defendant by himself, privies, agents, assigns, administrators and/or howsoever so named, from interfering or further interfering and usurpation of the exclusive powers, duties and functions of the elected Executive Governor of Rivers State, as it relates to the nomination, appointment, constitution and presentation of the Board Members of the 4th Defendant.
"An Order of perpetual in junction restraining the 2nd and 4th Defendants by themselves, privies, agents, assigns, administrators and/or howsoever so named from giving effect to or recognition to the purported nomination, appointment, constitution and presentation made on the 09/05/2025, by the 1st Defendant, as it relates to the Board membership of the 4th Defendant.
"An Order directing the Defendants to pay to the Claimant, the sum of N10,000,000.00 (Ten Million Naira) only, being and representing general and aggravated damages.
"And such order or further orders as the Honourable Court may deem fit to make in the circumstance."
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