Conflicting judgements of Federal High Court Abuja and Rivers High Court Port Harcourt trailed Rivers State Local Government Election scheduled for Saturday October 5, 2024.
An order of Rivers State High Court issued on Friday last week okays the local government election process, but a Federal High Court in Abuja on Monday stopped the Independent National Electoral Commission, (INEC) , from releasing voters’ register to the Rivers State Independent Electoral Commission, (RSIEC) , for the purpose of conducting the October 5, 2024 local government election in the state.
The court also barred the Inspector General of Police, IGP, the Department of the State Service, DSS, from participating and providing security for the conduct of the local government poll.
Justice Peter Lifu issued the order while delivering judgment in a suit brought before him by the All Progressives Congress, APC, challenging the legality or otherwise of the processes leading to fixing of October 5 for the election.
The suit was argued on behalf of the APC by a team of senior lawyers comprising Joseph Daudu, Sebastine Hon and Dr. Ogwu James Onoja, all SANs.
Justice Lifu held that the RSIEC was wrong in fixing the October 5 date for the conduct of the local government poll when all relevant laws guiding the election had not been complied with.
Among others, the judge held that the Rivers State electoral body violated provisions of the local government election conduct law by not publishing the mandatory 90 days notice before fixing the date.
Justice Peter Lifu also held that the update and revision of voters’ register by INEC ought to have been concluded 90 days before an election date can be legally and validity fixed in law.
The judge therefore ordered INEC not to make the certified voters’ register available to RSIEC until all relevant laws have been fully complied with.
Justice Peter Lifu also barred RSIEC from accepting any voters’ register from INEC or using it for the purpose of the October 5 local governments poll.
The APC had dragged INEC, RSIEC, Rivers Attorney General, Inspector General of Police and the Department of the State Service ,DSS, alleging irregularities and outright violations of laws in the ways and manners the Rivers state government was handling the election matters.
The party through its lawyers alleged that the mandatory provisions of law for publication of election notice 90 days before the election conduct was jettisoned.
APC also claimed that the mandatory conclusions of update and revision of voter register 90 days before the election was not complied with.
After reviewing affidavit in support of the case and counter affidavit against as well as other exhibits placed before the court, Justice Peter Lifu agreed with the plaintiff that virtually all the mandatory conditions precedent for conduct of valid poll had not been met by RSIEC.
The Judge held that RSIEC was bound by law to issue 90 days public notice before fixing the election date adding that doing otherwise, is an affront to the rule of law.
Justice Lifu also held that INEC was statutorily bound to conclude the update and revision of voter register 90 before the conduct of the election and before releasing same for conduct of any election.
He therefore nullified and set aside, all steps and decisions taken by RSIEC on the local government poll on the ground that the steps and decisions are illegal and unlawful.
The Judge subsequently barred INEC from releasing the voter register or any portion of it to the Rivers state government for the purpose of the October 5 local government election.
He further barred RSIEC from accepting or using any voter register from INEC for the conduct of the of the election until all relevant laws on conduct of local government polls are fully complied with.
The Inspector General of Police and Department of the State Service DSS were also separately barred from participating and providing security for the conduct of any unlawful election.
“Election is a process and all processes leading to the conduct of any election must be transparent and carried out in line with the provisions of the laws.
” Rules of law entails mandatory compliance with the law. There should be no secrecy on the issue of conditions precedent in the interest of democracy “, he said.
The Judge struck down section 60 (2) of the Rivers State Local Government election law signed by former governor Nyesom Wike on January 4, 2018 which prohibits filing of cases in respect of local government election by aggrieved parties or persons.
Justice Peter Lifu said that 1999 Constitution granted access to court for Nigerians aggrieved over any issue adding that on no ground would a local government law be allowed to be superior to the Constitution of the Federal Republic of Nigeria.
Recall that just last week Friday, Justice I. P. C. Igwe Rivers State High Court in Port Harcourt delivered a judgement in Suit marked No: PHC/2696/CS/2024, filed by Action Peoples Party (APP) as Plaintiff/Applicant against Rivers State Independent Electoral Commission, RSIEC, Rivers State Government, and Governor of Rivers State as 1st to 3rd Respondents ordered RSIEC to proceed with the conduct of the local government election as scheduled for October 5, 2024.
In the certified court judgement made available on late Sunday evening, but issued on Friday, September 4, 2024, Justice Igwe directed RSIEC to use the 2023 voters’ register for the elections.
The court stressed the importance of conducting elections within three months to fill vacant council positions, as mandated by the Supreme Court in Suit No SC/CV/343/2024 delivered on July 11, 2024, to the effect that all states without democratically-elected local government councils in place should conduct elections into their respective local government councils within three (3) months from the date of the aforesaid judgment of the Supreme Court of Nigeria.
The judge said the order was based on the judgement of the Supreme Court, adding that the defendants are bound to conduct elections into Local Government Councils in Rivers State on or before the expiration of the said three (3) months period, on October 5, 2024.
The court stated that the Rivers State Government and the state governor are bound by Section 7, subsection 1 of the Constitution of the Federal Republic of Nigeria (CFRN) 1999, as amended, to ensure that local government councils are run by democratically elected officials.
The court ordered the police, Nigeria Security and Civil Defence Corps (NSCDC), Army, and other security agencies to provide adequate security during and after the polls to prevent security breaches.
Part of the judgement read: That in view of Section 7 subsection 1, Constitution of the Federal Republic of Nigeria (CFRN) 1999 AS AMENDED, Section 5 (A) of the Rivers State Independent Electoral Commission Law- No 2 of 2018, the Decision of the Supreme Court of Nigeria delivered on the 11th day of July, 2024 in Suit No. SC/CV/343/2024: Attorney-General of Federation Vs Attorney-General of Abia State and 35 Ors. and expiration of the tenure of the former democratically elected local government councils in Rivers State on the 17th day of June 2024, the Defendants are bound to conduct election into the local government councils in Rivers State within the shortest possible time in order to comply with aforesaid Judgment of the Supreme Court of Nigeria.
“That it is further declared that in view of Section 5 (a) of the Rivers State Independent Electoral Commission Law No 2 of 2018, Section 9(1) (a), (4) to (6) of the Electoral Act, 2022 and the exigencies of the decision of the Supreme Court of Nigeria delivered on the 11th day of July, 2024 in Suit No SC/CV/343/2024: Attorney-General of the Federation VS Attorney-General of Abia State & 35 Ors, the 1st Defendant is entitled to utilize the National Register of Voters for the 2023 General Elections compiled by the Independent National Electoral Commission (INEC) pursuant to Section 9(1)(a), (4) to (6) of the Electoral Act, 2022, already in custody of the 1st Defendant to conduct Election into the 23 Local Government Councils of Rivers State.
“That it is also declared that in view of the decision of the Federal Government of Nigeria following the said Judgment in Suit No SC/CV/343/2024 delivered on the 11th day of July, 2024 to the effect that all states without democratically elected local government councils in place should conduct Elections into their respective Local Government Councils within three (3) months from the date of the aforesaid Judgment of the Supreme Court of Nigeria, the defendants are bound to conduct elections into local government councils in Rivers State on or before the expiration of the said three (3) months period, on the 5th day of October, 2024 and to take all necessary steps towards the conduct of the said election, including sale of forms to candidates and their parties including the Claimant who is interested in sponsoring candidates for offices in the local government councils.
“That an order of mandatory injunction be and is hereby issued compelling the 2nd and 3rd Defendant by themselves, or by their agents, privies, servants or representatives and proxies to make adequate provision for election into the local government council in Rivers State and to ensure that the affairs of the local government councils in Rivers State are conducted by democratically elected local government councils.
“That it is further ordered that mandatory injunction be and is hereby issued compelling the 1st Defendant to conduct election into local government councils of Rivers State on the 5th Day of October, 2024 or on any other date fixed by the 1st Defendant in accordance with its Electoral Guidelines in order to comply with the aforesaid Judgment of the Supreme Court of Nigeria and to take all necessary steps towards the conduct of the said elections including sale of forms to candidates and their parties, including the Claimant who is interested in sponsoring candidates for offices in the local government councils.
“That an order of mandatory injunction be and is hereby further issued directing or commanding the 1st Defendant to utilize the National Register of Voters for the 2023 General Election compiled by the Independent National Electoral Commission (INEC) pursuant to Section 9 (1) (a), (4) to (6) of the Electoral Act, 2022 to conduct Election into the twenty-three (23) Local Government Councils of Rivers State.”
“That the Nigeria Police Force, the Nigeria Security and Civil Defense Corps, the Nigerian Army and all other Security Agencies and Paramilitary Organizations are hereby ordered to provide adequate security and ensure maintenance of peace, law and order during and after the Election,” it stated.