The Federal High Court in Abuja has again stopped the Independent National Electoral Commission (INEC) from releasing the register of voters for Rivers State to the Rivers State Independent Electoral Commission (RSIEC) ahead of the local government elections scheduled for 5 October.
In a ruling delivered on Monday, the judge, Peter Lifu, also barred the Inspector General of Police and the State Security Service (SSS) from providing security for the controversial elections.
PREMIUM TIMES had reported that the suit was filed by the All Progressives Congress (APC), which challenged the legitimacy of the election process.
Represented by a team of Senior Advocates of Nigeria (SAN), including Joseph Daudu, Sebastine Hon, and Ogwu Onoja, the APC argued that the necessary legal procedures leading up to the election had not been observed.
Mr Lifu upheld the party’s arguments, stating that RSIEC had failed to comply with key provisions of the electoral law, including the requirement to publish a 90-day notice before setting an election date.
Failure to adhere to legal requirements
The judge noted that RSIEC’s decision to fix 5 October for the elections without meeting legal prerequisites, such as updating the voters’ register at least 90 days before the election, constituted a violation of the law.
The judge emphasised that INEC could not release the certified voters’ register until all legal conditions had been met, and RSIEC was prohibited from accepting or using any register provided by INEC for the election.
The APC had brought the suit against INEC, RSIEC, the Rivers State Attorney General, the Inspector General of Police, and the SSS, accusing the Rivers State government of violating the electoral law by failing to provide the mandatory 90-day notice before the election.
The party also contended that the voters register, which should have been updated 90 days prior the election, had not been finalised.
After reviewing the case, Mr Lifu concurred with the APC, ruling that RSIEC had flouted electoral regulations and that the actions taken by the Rivers electoral body were illegal and invalid.
He nullified all steps and decisions made by RSIEC regarding the local government elections.
Mr Lifu’s ruling also struck down Section 60(2) of the Rivers State Local Government Election Law, which was signed by former Governor Wike in 2018.
The section sought to prohibit aggrieved parties from filing lawsuits related to the local government elections. Mr Lifu ruled that this provision was unconstitutional, as it contradicted the Nigerian constitution, which guarantees access to the courts for all citizens.
“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,” Mr Lifu said.
He further stressed that any attempt to circumvent these rules undermines democracy.
Background
The legal dispute over the Rivers local government elections is rooted in the APC’s claim that RSIEC breached both the Electoral Act and the Nigerian Constitution, which require state electoral bodies to give INEC a 360-day notice before conducting an election. This would allow INEC to halt continuous voter registration and update the voters’ register at least 90 days before the election.
In July, the court issued an interim order in favour of the APC, barring INEC from releasing the voters’ register and preventing security agencies from participating in the elections until the substantive suit could be heard.
Broader political crisis
The case is part of a broader political feud between Governor Siminalayi Fubara of the Peoples Democratic Party (PDP) with his predecessor and current Minister of the Federal Capital Territory, Nyesom Wike.
The political tension between the two has stalled local government administration in the state.
Governor Fubara dissolved the elected local government chairpersons when their terms expired on 17 June 17 and appointed administrative heads to oversee the councils.
In response, 27 state lawmakers loyal to Mr Wike amended the local government administration law to extend the tenure of the chairpersons by six months, effectively stripping the governor of his power to appoint caretaker committees.
This political crisis escalated into violence in June when a police officer was killed during a clash between rival factions loyal to Messrs Fubara and Wike in Omuma Local Government Area.
The violence prompted the police to take control of the secretariats in all 23 local government areas, preventing the newly appointed caretaker committees from assuming office.
Credit: Premium Times