Appeal Court nullifies judgement against Rivers LG polls

Abuja division of the Court of Appeal has voided the judgement of Federal High Court, Abuja, against the conduct of Saturday October 5, 2024 Local Government elections in Rivers State.

A three-member panel of the appellate court, led by Justice Onyekachi Otisi, held that the judgement of the trial court was delivered outside of its jurisdiction.

In a swift reaction, the Sir Siminalayi Fubara-led Rivers State government has, however, described the Appeal Court judgement as a pointer to more wins for Rivers people.

Justice Peter Lifu of the Federal High Court in Abuja had in September set aside all steps taken so far by the Rivers State Independent Electoral Commission (RSIEC) towards the conduct of the October 5 polls.

Justice Lifu also restrained the Independent National Electoral Commission (INEC) from releasing the voter’ 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.

Miffed by the decision, the Rivers State government approached the appellate court to set aside the judgement on the grounds that Justice Lifu lacked the necessary jurisdiction to entertain the suit in the first place.

Delivering judgement in the appeal on Friday, the three-member panel agreed with the appellants that Justice Lifu did not have the legal authority to hear the suit filed by the All Progressives Congress (APC) in Rivers State.

According to Justice Otisi, Section 28 of the Electoral Act, upon which the judge relied to assume jurisdiction of the case did not cover elections conducted by states but, only federal elections, governorship and area council elections of the FCT.

Besides, the appellate court held that Justice Lifu erred in law, when he issued an order restraining security agencies from providing security during the poll.

Justice Otisi subsequently set aside the judgement of Justice Lifu, which ruled against the election conducted on October 5 in the state.

The RSIEC had gone ahead with the poll, citing 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 judgement delivered on September 4, ordered the Rivers State electoral body to conduct this Saturday’s LG polls using the 2023 voters’ register.

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

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 SIEC could announce date for conduct of the local government elections, the voter’ register from INEC to be used for the polls must be updated and published 90 days to the poll.

Celebrating the news, Commissioner for Information and Communication, Joe Johnson, said the judgement has confirmed that Governor Siminalayi Fubara has always made right decisions.

According to ThisDay, Johnson said, “We expected it, we knew that the court of appeal will do justice to that setback that the federal high court tried to manipulate.

“But I am happy that it has confirmed that the governor makes right decisions. This one is just a pointer to the many more wins that will come.

“I am believing God that in the affairs of Rivers State, all the matters that is before the jurists will get reasonable judgement and it will be favourable to all Rivers people.”

Also reacting, the State Chairman of the Association of Local Governments of Nigeria (ALGON), Ezebunwo Ichemati, said the appeal court judgement has reaffirmed the peoples trust in the justice system.

Ichemati who is the Mayor of Port Harcourt, said despite meeting all the necessary conditions to conduct the election, Justice Lifu delivered a judgement disqualifying a polls to allegedly satisfied appellant (APC) expectation.

At the same time, the APC leadership in the state led by Emeka Beke, has lauded the Appeal Court for setting aside the judgement of Justice Lifu on the Rivers LG elections.

The factional spokesperson of the party, Darlington Nwauju, in a statement yesterday, welcomed the judgement delivered by a three man panel led by Justice Onyekachi Otisi

“We had strongly condemned the unpatriotic moves initiated by Mr Tony Okocha and his co-travellers, to target and punish local government workers, state civil servants and indeed Rivers people by attempting to use the courts to deny the state her rights to federal allocations,” he said.