A Federal High Court in Abuja has prohibited the Independent National Electoral Commission (INEC) from releasing voters’ registers to the Rivers State Independent Electoral Commission (RSIEC) for the local council elections scheduled for October 5.
Justice Peter Lifu issued this order while delivering a judgment on a suit filed by the All Progressives Congress (APC) challenging the legality of the election date.
The court also barred the Inspector General of Police (IGP) and the Department of State Security Service (DSS) from participating in or providing security for the election.
Justice Lifu ruled that the RSIEC acted improperly in setting the election date without complying with the requisite legal requirements.
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The judge noted that the Rivers State electoral body violated local government election conduct laws by failing to publish the mandatory 90-day notice prior to fixing the election date.
He also stated that the updating and revision of the voters’ register by INEC should be completed at least 90 days before an election can be legally scheduled. Consequently, the judge ordered INEC not to provide the certified voters’ register to RSIEC until all legal requirements have been met.
In contrast, another Federal High Court in Rivers State has ruled that the local government elections must proceed as planned on October 5.
Justice I.P.C. Igwe delivered this judgment in response to a case filed by the Action Peoples Party (APP) against the RSIEC, the state government, and the governor.
Given that the tenures of the previous council chairpersons ended on June 17 and were subsequently followed by the appointment of caretaker chairpersons, the court held that the local council polls must occur on or before October 5, marking the end of the caretaker tenure.
Justice Igwe further ruled that the RSIEC could utilize the National Register of Voters compiled for the 2023 general elections to conduct the local polls.
The court directed security agencies, including the police and the Civil Defence Corps, to ensure a peaceful election.
Following the ruling, Hon. Ikenga Ugochinyere, spokesperson for the opposition lawmakers’ coalition, hailed the decision as a victory for democracy, criticizing Minister of the Federal Capital Territory Nyesom Wike for allegedly attempting to obstruct the elections.
Similarly, Rivers State Governor Sir Siminalayi Fubara reassured that the local government elections would proceed on October 5, asserting that there are no legal barriers to impede the process.
He encouraged political parties, candidates, and voters to engage enthusiastically in the election.
Governor Fubara made this statement after inspecting the ongoing construction of the 12.5km N225.1 billion Trans-Kalabari Road project on Monday.
He stated, “Our election will hold on the 5th of October, 2024. I have been informed by RSIEC that they have an order mandating them to conduct the election on this date, and security agencies are to support them.”
He emphasized, “With that order, the election will proceed. Although I may not be a lawyer, I understand that there is a principle called first-in-hand. Since RSIEC has this order, we will provide all necessary support for the election to be conducted fairly and transparently.”
Addressing RSIEC staff, Governor Fubara acknowledged receiving reports of plans by certain individuals to disrupt activities at the commission and urged them to reconsider their actions.
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