By Emeka Amaefula
RISIEC GETS COURT NOD OVER CONDUCT OF OCTOBER 5TH 2024 RIVERS STATE LOCAL GOVERNMENT COUNCILS ELECTION
—-AS FCT ABUJA HIGH COURT JUDGMENT REFUSES RELEASE OF INEC’S VOTERS’ REGISTER TO RISIEC
The upcoming October, 5th, 2024 Rivers state Local Government Areas being conducted by Rivers state Independent Electoral Commission RSIEC has received a boost as Honourable Justice I.P.C Igwe of Port Harcourt High Court has ordered the Independent National Electoral Commission, INEC to release its 2023 Voters’ Register for use in the conduct of the election.
The election is coming after the July 11th 2024 Supreme Court Judgment that ordered for the autonomy of the Local Government Areas administration as 3rd tier of government and ordered the recognition of democratically elected officials in all the 774 Local Government areas across the country.
In response to the Supreme Court Judgment, Rivers Government began preparation of the conduct of democratically elected officials at the 23 Local Government Councils. However, one of the political parties participating in the October 5th 2024 Local Government Councils election, Action Peoples Party, APP went to court challenging Independent National Electoral Commission-INEC to release its Voters register for use in the conduct of the election. It was finally obtained as the court, presided over by Justice I. P. C. Igwe, in Port Harcourt, in its final judgment on the matter in SUIT NO. PHC/2696/CS/2024, between the Action Peoples Party (APP) as claimant, and the Rivers State Independent Electoral Commission (RSIEC), Rivers State Government and Governor of Rivers State as defendants gave the Order that Rivers state Independent electoral Commission-RSIEC should use the 2023 INEC’s Register.
The Certified True Copy, CTC of the judgment, reads “Upon this matter coming up before Honourable Justice I. P. C. Igwe sitting at High Court 14, Port Harcourt for Hearing and Determination and After Hearing A. E. Godswill Esq, for the Claimant, holding the brief of E. D. A. Ojoko Esq, and Lois C. Oko Jaja Esq, for the 1st Defendant, P. Enebeli, Assistant Director Ministry of Justice, appearing for the 2nd and 3rd Defendants, it is hereby Ordered as follows: That upon the construction of Section 7 subsection 1 of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 as amended, the 2nd and 3rd Defendants are bound to make provision for election into the Local Government Councils of Rivers State and to ensure that the affairs of the Local Government Councils in Rivers State are conducted by Democratically elected Local Government Councils.”
Further final court judgment also said, “That in view of Section 7 subsection 1, Constitution of the Federal Republic of Nigeria (CFRN) 1999 AS AMENDED, Section 5 (A) of the Rivers State Independent Electoral Commission Law – No 2 of 2018, the Decision of the Supreme Court of Nigeria Delivered on the 11th day of July, 2024 in Suit No SC/CV/343/2024: Attorney-General of Federation V Attorney-General of Abia State and 35 Ors and expiration of the tenure of the former democratically elected Local Government Councils in Rivers State on the 17th day of June, 2024, the Defendants are bound to conduct Election into the Local Government Councils in Rivers State within the shortest possible time in order to comply with aforesaid Judgment of the Supreme Court of Nigeria.
“That it is further declared chat in view of Section 5 (a) of the Rivers State Independent Electoral Commission Law No 2 of 2018, Section 9(1)(a) (4) to (6) of the Electoral Act, 2022 and the exigencies of the decision of the Supreme Court of Nigeria delivered on the 11th day of July, 2024 in Suit No SC/CV/343/2024: Attorney-General of the Federation VS Attorney-General of Abia State & 35 Ors, the 1st Defendant is entitled to utilize the National Register of Voters for the 2023 General Elections compiled by the Independent National Electoral Commission (INEC) pursuant to Section 9(1)(a) (4) to (6) of the Electoral Act, 2022, already in custody of the 1st Defendant to conduct Election into the 23 Local Government Councils of Rivers State.
“That it is also declared that in view of the decision of the Federal Government of Nigeria following the said Judgment in Suit No SC/CV/343/2024 Delivered on the 11th day of July, 2024 to the effect that all states without Democratically elected Local Government Councils in place should conduct Elections into their respective Local Government Councils within three (3) months from the date of the aforesaid Judgment of the Supreme Court of Nigeria, the defendants are bound to conduct elections into Local Government Councils in Rivers State on or before the expiration of the said three (3) months period, on the 5th day of October, 2024 and to take all necessary steps towards the conduct of the said Election, including sale of forms to candidates and their parties including the Claimant who is interested in sponsoring candidates for offices in the Local Government Councils”.
The presiding Judge in his erudite ruling said, “That an order of mandatory Injunction be and is hereby issued compelling the 2nd and 3rd Defendant by themselves, or by their agents, privies, servants or representatives and proxies to make adequate provision for election into the Local Government Council in Rivers State and to ensure that the affairs of the Local Government Councils in Rivers State are Conducted by Democratically Elected Local Government Councils.
“That it is further ordered that mandatory injunction be and is hereby issued compelling the 1st Defendant to conduct election into Local Government Councils of Rivers State on the 5th Day of October, 2024 or on any other date fixed by the 1st Defendant in accordance with its Electoral Guidelines in order to comply with the aforesaid Judgment of the Supreme Court of Nigeria and to take all necessary steps towards the conduct of the said Elections including sale of forms to candidates and their parties, Including the Claimant who is interested in sponsoring candidates for offices in the Local Government Councils.
“That an order of mandatory injunction be and is hereby further issued directing or commanding the 1st Defendant to utilize the National Register of Voters for the 2023 General Election compiled by the Independent National Electoral Commission (INEC) pursuant to Section 9 (1)(a), (4) to (6) of the Electoral Act, 2022 to conduct Election into the twenty-three (23) Local Government Councils of Rivers State.
“That the Nigeria Police Force, the Nigeria Security and Civil Defense Corps, the Nigeria Army and all other Security Agencies and Paramilitary Organizations are hereby ordered to provide adequate security and ensure maintenance of peace, law and order during and after the Election”, the court ruled.
In a counter information coming from All Progressives Congress -APC Rivers state chapter under Chief Tony Okocha’s led Caretaker Committee a valid court judgment from Federal capital territory FCT Abuja Judicial division, Justice Peter Lifu in his judgment on Monday 30th of September, 2024 barred the Independent National Electoral Commission-INEC from providing the Voters’ Register to the Rivers state Independent Electoral Commission-RSIEC ahead of the October 5th, 2024 Local Government election.
From the FCT Abuja High Court, the Presiding Judge in his order prohibited the Inspector General of Police and the Department of State Services from offering Security support for the conduct of the October 5th 2024 LGC election.
It also stated that Justice Lifu in his wisdom ruled that RISIEC’s decision to conduct the election was unlawful having not followed the required legal processes in preparation for the scheduling and conduct of the election including 90-days official notice mandated by the Rivers state electoral Law governing Local Government Council. It was based on the above lack of due process that APC under Tony Okocha approached FCT Abuja High Court seeking legal redress.
—–Emeka Amaefula—-+234(0)8111813069———
