Appeal Court upholds Rivers local govt election, nullifies judgment against state electoral commission
Nigeria’s Court of Appeal sitting in Abuja has overturned a previous judgment from the Federal High Court that had prohibited the Independent National Electoral Commission (INEC) from releasing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC).
This decision is pivotal as it allows RSIEC to proceed with conducting local government elections, which had been scheduled for October 5, 2024, and by this judgement, the court has upheld the Rivers State Local Government elections conducted by the administration of Governor Siminalayi Fubara.
It is importanat to naote that the Court of Appeal did not bother to look into the cnduct of the election, but rather into the capacity of the Federal High Court to delve into matters bordering on local government election.
Initially, Justice Peter Lifu of the Federal High Court ruled against RSIEC, asserting that they had violated electoral laws by setting an election date without providing a mandatory 90-day notice. It was this ruling that the Court of Appeal reversed.
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He also mandated that INEC should not release the voters’ register until all legal requirements were satisfied. This ruling was contested by the Rivers State government and RSIEC.
The chairman of RSIEC,, Justice Adolphus Enebeli (retd), Â had declared the APP winner in 22 of the 23 local government areas of the state.
Court of Appeal’s findings
The Court of Appeal, led by Justice Onyekachi Otisi, concluded that Justice Lifu’s judgment was delivered outside his jurisdiction.
The court clarified that Section 28 of the Electoral Act does not apply to local government elections but only to federal elections and governorship elections in the Federal Capital Territory. Therefore, any claims made under this section regarding local government elections were invalid.
Furthermore, the appellate court criticized Justice Lifu’s order restraining security agencies from performing their constitutional duties during the election process. The court emphasized that such orders were inappropriate and undermined lawful electoral conduct.
As a result of this ruling, RSIEC is now authorized to utilize the voters’ register for conducting local government elections in Rivers State. The Action Peoples Party (APP) emerged victorious in 22 out of 23 local government areas during these elections, further solidifying their political presence in the region.
This ruling not only reinstates RSIEC’s authority to conduct elections but also highlights a critical distinction between federal and state electoral jurisdictions within Nigeria’s legal framework.
