Mohammed Shosanya
A Federal High Court Abuja,has restrained the Independent National Electoral Commission (INEC) from releasing the voters’ register to the Rivers State Independent Electoral Commission for the conduct of the October 5, 2024, local government elections in the state.
Justice Peter Lifu,gave the order while delivering judgment on a suit filed by the All Progressives Congress in Rivers State.
Justice Lifu, had on July 19, 2024, made an ex-parte order restraining INEC from releasing the voters’ register to RSIEC.
The court also restrained the IGP and DSS from participating or providing security for the RSIEC in conducting the election.
The judge also directed all parties involved to maintain the status quo ante bellum and refrain from taking any further steps in relation to the election until the substantive suit is heard and determined.
The APC’s legal team, led by Senior Advocates of Nigeria (SANs) Joseph Daudu, Sebastine Hon, and Ogwu James Onoja, argued the suit on behalf of the party.
In his verdict,Justice Lifu criticized the Rivers State Independent Electoral Commission for fixing the October 5, date without adhering to the relevant laws governing the conduct of the election.
The court maintained that updating and revision of the voters’ register should have been completed before a legally valid election date could be scheduled.
Besides,the court barred the Inspector General of Police (IGP) and the Department of State Services (DSS) from providing security for the election.
Justice Lifu also held that the Rivers State electoral body breached the provisions of the local government election law by failing to publish the mandatory 90-day notice before fixing the election date.
“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.
“Rule of law entails mandatory compliance with the law. There should be no secrecy on the issue of conditions precedent in the interest of democracy”, the Judge stated.
The court 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.
The court ordered INEC not to release the certified voters’ register to RSIEC until all legal requirements had been met.
Justice Lifu restrained RSIEC from accepting or using any voters’ register from INEC for the purpose of the October 5, local government election.
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 APC had alleged that the mandatory provisions of law for publication of election notice 90 days before the election conduct was jettisoned.
The party also claimed that the mandatory conclusions of update and revision of voter register 90 days before the election was not complied with.
