Rivers: Appeal Court Nullifies Judgment Stopping LG Election

The Court of Appeal Abuja has nullified the judgment of the Federal High Court in Abuja, which barred the Independent National Electoral Commission (INEC) from releasing the voters’ register to the Rivers State Independent Electoral Commission for the conduct of the state local government polls which has now been conducted.

The appellate court also held that the lower court was wrong to have ordered security agencies not to carry out their constitutional duties.

In the judgement, the special panel led by Justice Onyekachi Otisi, held that the lower court lacked the jurisdiction to entertain the matter as Section 28 of the Electoral Act does not cover elections conducted by states, only federal elections,  governorship and area council elections in the Federal Capital Territory.

The appellate court also held that the lower court was wrong to have ordered security agencies not to perform their constitutional duties.

Justice Peter Lifu of the Federal High Court had delivered judgment in a suit, criticising RSIEC for setting October 5 as the election date without adhering to the relevant laws governing the conduct of the election.

He ruled that the Rivers State electoral body violated the provisions of the local government election law by failing to publish the mandatory 90-day notice before fixing the election date.

The judge further held that the updating and revision of the voters’ register should have been completed before a legally valid election date could be set. He ordered INEC not to release the Certified Voters’ Register to RSIEC until all legal requirements had been met.

Hon Ugo Chinyere Commends Judgement

Responding to the Court of Appeal Judgment, the Spokesman of the opposition Coalition lawmakers in the House of Representatives speaker Hon. Ikenga Ugochinyere hailed the appellate court decision describing it as another major victory for democracy.

He said the judgment has further redeemed the image of the judiciary which the sacked pro-Wike lawmakers may have caused the judiciary in their desperate but failed attempts to unseat governor Simi Fubara of River State.

Hon Ugochinyere who represents Ideato North and South in the House insisted that it was strange for the lower court to have asked the police not to provide security for the last council election.

He also insisted that the Martin Amaewele and 26 others remained sacked.

APC Commends Judgement

The judgement has been hailed as a victory for the APC and the people of Rivers State, who have been resisting attempts to suppress truth in the state’s politics.

The statement reads: “The Rivers State chapter of the All Progressives Congress has welcomed today’s judgement delivered by the Special Court of Appeal Panel set up to adjudicate in the political cases in Rivers State.

“We welcome the judgement order of the three-man panel led by Justice Onyekachi Otisi completely setting aside the strange judgement of Justice Lifu of the Federal High Court, Abuja, whose strange judgement would have impaired the already conducted council polls in Kwara, Anambra, Imo, Akwa Ibom, Delta, Abia, Cross Rivers, Kano and other states of the federation who relied on their enabling SIEC laws in the conduct of those elections.

“Recall that we had strongly condemned the unpatriotic moves initiated by Mr Tony Okocha and his co-travellers (more especially using our party platform as a smokescreen), to target and punish local government workers, state civil servants, and indeed Rivers people by attempting to use the courts to deny the state her rights to federal allocations.

“Rivers APC hails this judgement order which has clearly corrected the misrepresentation of the Constitution by Justice Peter Lifu’s judgement which sought to impose INEC laws over State Electoral Bodies without any form of Constitutional amendment.

“No gainsaying the fact that the same Constitution that established INEC also gives legal backing to SIECs, hence both bodies are saddled with the responsibility of conducting elections at the appropriate tiers and there is no way INEC can seek to hijack the functions of the various SIECs except there is a Constitutional amendment.

“Therefore, our stand on this issue and resistance to other convoluted attempts at suppressing truth in our state’s politics is today justified.

“The September 30th, 2024, judgement delivered by Justice Lifu derided our Constitution, none the least his order to security agencies like the Police and DSS not to provide security in Rivers State, were orders made in very bad faith and deserving of a thorough investigation by judicial gatekeepers.”