Nigerian Courts In Cacophonic Rulings Over Rivers Local Council Election

By Suleiman Anyalewechi

Justice Peter Lifu of a Federal High Court sitting in Abuja on Monday September 30, 2024, ruled to restrain the Rivers State Independent Electoral Commission RSIEC, from going ahead with October 5, scheduled Local Government polls in the State.

The Court also ordered the Inspector General of Police, IGP, and other security agencies not to provide security for the said election.

The Independent National Electoral Commission, INEC, was also barred from releasing its voters register to the RSIEC for the purpose of the conduct of the Local Council Election.

Hon Justice Lifu gave the order while ruling on a motion on notice filed before the Court by the All Progressive Congress APC in Rivers.

The Court held that the RSIEC ,in arriving at the date of the said election, never met all the necessary conditions and relevant laws governing the exercise.

The Judge insisted that conditions, including the updating and revision of the voters register ought to have been carried by the electoral body before fixing the date for the polls.

Besides, the Court faulted the RSIEC for violating the law that provides for a 90 day notice before the exercise.

The Court apart from barring INEC from making available its voters register, also restrained RSIEC from requesting and receiving the voters register from INEC.

Ironically, before the Abuja Monday judgment, the RSIEC had informed that it had already requested and received the contentious voter register from the National electoral umpire . .

Justice Adolphus Enebeli rtd, Chairman of RSIEC last week Thursday September 26, at the occasion of the formal display of the voters register in Rumudara community in Obio-Akpor Local Council,said the Commission obtained the voters register since last year .

According to the retired Judge ,the Commission had proactively obtained all the necessary documents and material in 2023 before the court cases started from all the fronts .

” A wise man can never be taken unawares . We are protractive .We will follow due process .Even before the cases went to court ,we had loaded with the INEC .

“It is the gift of patience ,planningIam not a last minute man .I plan ahead .And so all these things  were concluded since last year” Justice Enebeli stated .

The Judgement, however, is coming just two days after a court of equal jurisdiction had given the greenlight for the election to be held.

Hon Justice IPC Igwe on Thursday September 26, while delivering judgement in the suit filed by the Action Peoples Party APP.,ordered the RSIEC to conduct the October 5 polls, using the national voters register of the 2023 elections.

The High Court sitting in Port-Harcourt directed the Nigeria Police and other security agencies in the country to provide adequate security and ensure the maintenance of peace, law and order during and after the election.

The APP had filed the suit against the RSIEC and the Rivers state Government ,including the Governor.

With the Monday Abuja order coming from a court of equal jurisdiction, as that of Rivers State High Court 14 which had ruled otherwise before now, Nigerians and indeed, the civilized World await anxiously for the one the RSIEC and the Security Agencies will obey.