Legal Nigeria

Rivers: Appeal court nullifies judgment stopping LG election

It’s victory for democracy — Ugochinyere
From Godwin Tsa Abuja

The Abuja division of the Court of Appeal has set aside the judgment that stopped the Independent National Electoral Commission, INEC, from releasing voters register to the Rivers State Independent Electoral Commission, RSIEC, for the conduct of local government elections that held in the state on October 5.

Responding to the Court of Appeal Judgment, the Spokesman of the opposition Coalition lawmakers in the House of Representative speaker Hon. Ikenga Ugochinyere hailed the appellate court decision describing it as another major victory for democracy.

Justice Peter Lifu of the Abuja division of the Federal High Court had, in a judgment he delivered on a suit that was filed by the All Progressives Congress, APC, stopped the conduct of the Rivers State LG election.
In the said suit marked: FHC/ABJ/CS/987/2024, APC had prayed the high court to halt the election on the ground that the failure of RSIEC to strictly comply with provisions of the Electoral Act in respect of the management of the register of voters intended to be used for the elections.
The trial court held that the RSIEC erred by fixing date for the conduct of polls in the 23 local government areas without strict compliance with relevant laws guiding such election.

Justice Lifu noted that RSIEC failed to publish the 90-day mandatory notice, before it scheduled the election.

He equally held that the update and revision of voters register to be used for the election ought to have been concluded before any valid date could be fixed for the polls.

Consequently, Justice Lifu ordered INEC not to make the certified voters register available to RSIEC, pending when the relevant laws were complied with.
He further barred RSIEC from accepting any voters register from INEC or using same for the purpose of the LG polls that held on October 5.
But a special panel of the court, in a unanimous decision by a three-member panel led by Justice Onyekachi Otisi, faulted the Federal High Court for barring security agencies from providing security during the elections.
The panel held that the lower court lacked the jurisdiction to entertain suit against the Rivers State LG elections.

The appellate court insisted the that Section 28 of the Electoral Act does not cover elections conducted by states, but only federal elections, governorship and area council elections in the Federal Capital Territory.
Responding to the Court of Appeal Judgment, the Spokesman of the opposition Coalition lawmakers in the House of Representative speaker Hon. Ikenga Ugochinyere hailed the appellate court decision describing it as another major victory for democracy.
He said the judgment has further redeemed the image of the judiciary which the sacked pro Wike lawmakers may have caused the judiciary in their desperate but failed attempts to unseat governor Simi Fubara of River State .
Hon ugochinyere who represent Ideato North and South in the House insisted thar it was strange for the lower court to have asked the police not to provide security for the last council election .
He also insisted that the Martin Amaewele and 26 others remained sacked.

Source: Daily Sun