Rivers LG Polls: Uncertainty as Court Bars INEC from Releasing Voter’s Register

* Restrains DSS, police from providing security for conduct of polls

Alex Enumah in Abuja

Uncertainty has shrouded the planned local government election in Rivers State, following the setting aside of all steps taken so far by the Rivers State Independent Electoral Commission (RSIEC) towards the conduct of the October 5 polls.

Justice Peter Lifu of a Federal High Court in Abuja, who set aside all the processes taken by the Rivers State Government, also restrained the Independent National Electoral Commission (INEC) from releasing the voter’s register used in the conduct of the 2023 general election to the Rivers SIEC for the purpose of conducting the October 5, 2024 local government elections in the state.

Besides, Justice Lifu, in a judgment delivered on Monday, also restrained the Inspector General (IG) of Police and the Department of State Services (DSS) from providing security for the said election.

This latest order by Justice Lifu however, runs contrary to an earlier order issued by a High Court in Rivers State, which had cleared the coast for the conduct of the October 5 polls.

Justice I. Igwe of the Rivers State High Court had, in a judgment delivered on September 4, ordered the Rivers State electoral body to conduct the October 5 council polls using the 2023 voter’s register.

In making the order, Justice Igwe had held that the defendants are bound by Section 7, Subsection 1 of the Constitution and Section 5 (A) of RSIEC Law Number 2 of 2018 to make provisions and conduct the local government polls within the shortest possible time, especially following the expiration of the tenure of the former elected officials on June 17.

Besides, Justice Igwe observed that the Federal Government has urged states without democratically elected local governments to do so within three months, following the Supreme Court’s judgment on local government autonomy.

The Rivers High Court subsequently ordered that all necessary arrangements be made to ensure the conduct of the election on October 5, 2024, as announced by RSIEC.

But with the judgment of the Federal High Court in Abuja, on Monday, it is not certain the order INEC, Police and DSS would obey considering the fact that both courts are of equal jurisdiction.

While the suit in Rivers was filed by the All People’s Party (APP), that of Abuja was filed by the All Progressives Congress (APC), which claimed that before the RSIEC can announce the date for the conduct of the local government elections, the voter’s register from INEC to be used for the polls must be updated and published 90 days to the poll.

APC argued that since this has not been done, the court should intervene by ordering INEC not to release the voter’s register used in Rivers State during the last general election.

Delivering judgment, Justice Lifu agreed with the plaintiff that all processes for the conduct of the October 5 council polls has not been fully complied with hence the need to restrain INEC and security agencies from participating in the election.

It is the position of the court that the update and revision of the voter’s register ought to have been concluded before a date for the conduct of the polls can be fixed.

The judge therefore ordered INEC not to make the certified voter’s register available to RSIEC until the law has been fully complied with.

Justice Lifu also barred RSIEC from accepting any voter’s register from INEC or using it for the purpose of the October 5 local governments poll.

Earlier, the court dismissed nine preliminary objections filed by the defendants against the suit for lacking in merit.

The court also struck down Section 60(2) of the Rivers Electoral Act, 2018, signed by former governor and now Minister of the Federal Capital Territory (FCT), Mr Nyesom Wike, for being inconsistent with the constitution, pointing out that the said law restricted access to justice by aggrieved persons.

Justice Lifu also held that his court has the necessary jurisdiction to entertain the case of the plaintiff because INEC and the security agencies who were defendants in the suit are federal agencies.

The court also settled the issue of representation of the APC in favour of the nation as against the state.t

A the hearing, the Rivers State APC had through its lawyer, Chief Chris Uche (SAN), applied for the withdrawal of the suit but, Justice Lifu held that the state chapter of the APC is not a juristic person and had also failed to prove that the National Working Committee (NWC) of the APC had instructed them to take any steps in respect of the case before him.

According to the judge, it is only the National Legal Adviser of the party and the NWC that could engage a counsel to represent the party in any court case, adding that Chief Joseph Daudu and Ogwu Onoja both SANs were duly engaged to represent the APC in the suit.

The court subsequently struck out all the submissions of the Rivers State APC in the suit.

Meanwhile, Chief Gordy Uche (SAN), who represented the Rivers APC, told journalists shortly after the judgment that his client would appeal the judgment of Justice Lifu at the appropriate time.