2 months ago
19 ARTICLE AD
Justice Peter Lifu of the Federal High Court in Abuja, on Tuesday, adjourned till September 5 for hearing in a suit filed by the All Progressives Congress against the Independent National Electoral Commission over the conduct of the Local Government election in Rivers State.
The court issued the adjournment to allow the plaintiff to effect service of some court processes on the Inspector General of Police and the defendants in the suit.
The court sitting, which lasted for long hours, heard three applications brought by parties in the suit, including parties seeking to be joined as co-defendants.
APC in an originating summon marked FHC/ABJ/CS/987/2024, which has the Independent National Electoral Commission, the Rivers State Independent National Electoral Commission, the Rivers state Attorney-General, the Inspector-General of Police and the State Security Service as defendants, sought a declaration from the court that INEC is bound to manage, update and revise the register in such a manner as to ensure that the process stops not later than 90 days before the council poll.
In its application, APC prayed the court to pronounce that INEC can only release the register to RSIEC “in strict conformity and compliance with the mandatory provisions of the 1999 Constitution (as amended) and the Electoral Act 2022”.
According to APC, this is so that the commission can stop continuous voter registration (CVR) at least 90 days before the poll date.
The political party sought an order of the court to set aside Sections 13 and 20 of the RSIEC Law No: 2 of 2018 as null and void to the extent of their inconsistency with the provisions of sections 28, 29 and 103 (3) of the Electoral Act, 2022.
The party also asked the court to set aside all proceedings, acts or things done or purported to have been done by the defendants in furtherance of the conducting of the purported Local Government elections in Rivers State that are by virtue of sections 13 and 20 of the RSIEC law No 2 of 2018, in contravention, breach or violation of items 11 and 12 of the concurrent legislative list part 11 of the second schedule to the 1999 constitution and sections 28, 29 and 103(3) of the Electoral Act, 2022.
APC also argued that RSIEC breached the Electoral Act and the Constitution, requiring SIECs to give a 360-day notice to INEC before any election.
The plaintiff said it was required to conduct primaries and submit a list of nominated candidates no later than 180 days before the election but that RSIEC breached the law by failing to give adequate notice.
Also, APC said that INEC had not stopped the CVR, nor did it receive the 360-day notice.
APC, in the substantive suit, contended that RSIEC failed to fulfil legal requirements to conduct the local government election, which it slated for October 15.
The plaintiff argued that while RSIEC is legally bound to use the voter register compiled and kept by INEC for conducting local government elections in Rivers State, it failed to give a 360-day notice to INEC before the election date.
Meanwhile, the suit has been stirred in controversy following the appearance of two senior Advocates of Nigeria announcing representation for the APC.
Dr. James Onoja Ogwu, SAN, had filed the suit on behalf of the APC with a team of five senior advocates led by Joseph Daudu (SAN), including Sabastine Hon, SAN, among others.
Another Senior Advocate of Nigeria, Gordy Uche, also announced his appearance for APC in the same matter.
Uche approached the court with an application for change of counsel dated August 28, as well as a notice of discontinuance signed by the Chairman of APC Rivers State, Chief Emeka Beke, and the Secretary, Sam Etetegwung, respectively.
Other counsel in the matter are Taiwo Taiwo, SAN, for the Attorney General of Rivers State and Femi Falana, SAN, for RSIEC.
In a supporting affidavit, Tony Okocha, described as the acting Chairman of Rivers APC, said the suit was filed because the RSIEC allegedly failed to comply strictly with the provisions of the Electoral Act in respect of the management of the register of voters, which it intends to release to Rivers electoral body for local government elections in breach and violation of the provisions of the 1999 Constitution and the Electoral Act.
Okocha stated that it is only the voter register compiled, maintained, updated, and kept in the custody of INEC that RSIEC can obtain and use to conduct local government polls as RSIEC is not entitled to compile, maintain, update, and keep in its custody any separate voters register.
Meanwhile, Justice Lifu, in a ruling on July 19 on an ex-parte motion by the plaintiff, issued an order restraining INEC from releasing voters registered to the RSIEC for the conduct of local government elections in the state.
He also restrained the IGP and the DSS from participating or providing security protection for the RSIEC to conduct the election.
The judge ordered parties to maintain the status quo ante bellum and to refrain from any act or take steps in furtherance of the conduct of the election pending the hearing and determination of the substantive suit.
