Rivers State  Local Government Election Legitimate, Constitutional Court

By Suleiman Anyalewechi

An attempt to render the recently held Rivers State Local Council Polls  nuggetory has collapsed

This followed the dismissal  of a motion on notice by a Rivers State High Court sitting in Port Harcourt ,of the motion on notice filed by a legal practitioner, Williams Abayomi-Stanley, challenging the processes that threw up the August 30 Local Government election in the state .

The Source reports that  Abayomi-Stanley had, in the wake of the polls had his ex-parte motion seeking to halt the election on the grounds that the Michael Odey-led Rivers state Independent Electoral Commission RSIEC was not properly and legally constituted , equally dismissed by the Court for lacking in merit..

Justice Stephen Jumbo, while delivering judgment on the issue of locus standi, as well as the jurisdiction of the Court to hear the case, held that the applicants ( Williams Abayomi-Stanley) failed to adduce sufficient evidence to substantiate how the conduct of the election will negatively affect him.

Similarly, the Judge ruled that the claimant did not provide enough proof of the likely personal injuries and or threat of injuries ,he will suffer ,if the issues raised in his originating summons are addressed by the court .

The Judge held that all the issues contained in the originating summons were issues which only the Governor could raise, and not the applicant,  since they are not personal to him, or have the capacity to affect his personal interests .

In dismissing the entire application, Justice Jumbo, also declared the Local Council Polls the conducted on Saturday August 30 ,2025 valid and constitutional.

He held that the exercise was neither conducted by the Governor’ nor the Sole Administrator,but by a body mandated by the constitution for such an exercise–the Rivers state Independent Electoral Commission RSIEC.

The Presiding Judge also ruled that the Supreme Court of Nigeria has the constitutional powers to entertain any matter arising from the emergency rule in Rivers state.

The applicant had in the motion on notice questioned the constitutionality of the appointment of a Sole Administrator for Rivers state by the president after the declaration of a state of emergency.

He had also challenged the dissolution of the Governor Similanayi Fubara-appointed RSIEC and the subsequent nomination of the Odey-led electoral Commission by President Bola Ahmed Tinubu

The claimant further contended that only the democratically elected Governor of the state has the constitutional powers to appoint and inaugurate  chairman and members of the state’s Electoral Commission.

The applicant  based on the foregoing, prayed the court to declare null and void the August 30 local council polls.