By Abiola Olawale
The lingering political crisis rocking Rivers State has once again reached the rooftop as judgment and counter-judgment have been flying around over the proposed conduct of the state’s local government election on October 5, 2024.
This is as a Federal High Court in Rivers State has given its full judicial nod to the Rivers State Independent Electoral Commission (RSIEC) to proceed as scheduled with its planned conduct of local government Council election in the State.
The presiding judge, Justice I.P.C. Igwe declared that there’s no going back on the Rivers Local Government election on October 5th as scheduled.
Justice Igwe gave this judgement while ruling on a suit instituted by the Action Peoples Party(APP) on the subject matter.
Named as defendants in the suit are the RSIEC, Rivers State Government and Governor Siminalayi Fubara of Rivers State. The presiding judge ruled that the Defendants are bound to make adequate 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.
Justice Igwe ordered as follows, amongst others: ” 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 adequate 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. THAT given 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 Vs Attorney General of Abia State and 35 Ors and the 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 to comply with aforesaid Judgment of the Supreme Court of Nigeria.
“THAT it is further declared that 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) according 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 because of the decision of the Federal Government of Nigeria following the said Judgment in Sult 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 judgement continued:”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 1” 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 under its Electoral Guidelines 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) under Section 9 (1){a), (4) to (6) of the Electoral Act, 2022 to conduct Election into the twenty-three Local Government Councils of Rivers State. 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 the maintenance of peace, law and order during and after the Election.”
This development is coming on the heels of a Federal High Court in Abuja, barring the Independent National Electoral Commission (INEC) from releasing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for the conduct of the proposed upcoming local government elections.
The presiding judge, Justice Peter Lifu, held that the RSIEC failed to adhere to relevant laws governing the conduct of an election before setting October 5 as the election date.
Justice Lifu issued the order on Monday while delivering judgment on a suit brought before him by the All Progressives Congress(APC) in Rivers State.
He also held that the Rivers State electoral body violated the provisions of the local government election law by failing to publish the mandatory 90-day notice before fixing the election date.
