A Federal High Court in Abuja has issued a ruling preventing the Independent National Electoral Commission (INEC) from releasing the voters register for Rivers State to the Rivers State Independent Electoral Commission (RSIEC).
This decision comes in response to the local government elections scheduled for October 5th in Rivers State.
Justice Peter Lifu delivered the verdict on Monday, extending the prohibition to the Inspector General of Police and the State Security Service (SSS), barring them from providing security for the contentious elections.
The legal action was initiated by the All Progressives Congress (APC), which contested the legitimacy of the election process. The APC’s legal team, comprising Senior Advocates of Nigeria Joseph Daudu, Sebastine Hon, and Ogwu Onoja, argued that RSIEC had failed to adhere to crucial legal procedures necessary for conducting the elections.
Justice Lifu concurred with the APC’s position, stating that RSIEC had not complied with key electoral law provisions, including the mandatory 90-day notice before setting an election date.
The judge emphasized that RSIEC’s decision to schedule the elections for October 5th without fulfilling legal prerequisites, such as updating the voters’ register at least 90 days prior, constituted a violation of the law.
“Election is a process, and all steps leading to the conduct of an election must be transparent and adhere to the provisions of the law. The rule of law demands strict compliance with the legal framework,” Justice Lifu stated.
The court’s ruling nullified all actions and decisions made by RSIEC regarding the local government elections.
Additionally, Justice Lifu struck down Section 60(2) of the Rivers State Local Government Election Law, signed by former Governor Wike in 2018, which sought to prevent aggrieved parties from filing lawsuits related to local government elections.
The judge deemed this provision unconstitutional, as it contradicted citizens’ constitutional right to access the courts.
This legal dispute is rooted in the APC’s claim that RSIEC breached both the Electoral Act and the Nigerian Constitution.
These laws require state electoral bodies to provide INEC with a 360-day notice before conducting an election, allowing INEC to halt continuous voter registration and update the voters’ register at least 90 days before the election.
The case is part of a larger political conflict between Governor Siminalayi Fubara of the Peoples Democratic Party (PDP) and his predecessor, Nyesom Wike, now the Minister of the Federal Capital Territory. This tension has disrupted local government administration in Rivers State.
The situation escalated when Governor Fubara dissolved the elected local government chairpersons upon the expiration of their terms on June 17th and appointed administrative heads to oversee the councils.
In response, 27 state lawmakers loyal to Wike amended the local government administration law, extending the chairpersons’ tenure by six months and effectively stripping the governor of his power to appoint caretaker committees.
The political crisis turned violent in June, resulting in the death of a police officer during a clash between rival factions in Omuma Local Government Area.
This incident led the police to take control of secretariats in all 23 local government areas, preventing the newly appointed caretaker committees from assuming office.
