Court reserves judgment in Rivers APC LG election suit

Justice Peter Lifu of a Federal High Court in Abuja on Thursday reserved judgment in the suit filed by the All Progressives Congress against the Independent National Electoral Commission against the conduct of the local government election in Rivers State.

The court had earlier adjourned the matter for today to allow the plaintiff (APC) to effect service of some court processes on the Inspector General of Police and the defendants in the suit.

APC had in its application 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 at least 90 days before the poll date.

Substantially, the plaintiff argued that the condition precedent for the conduct of local government election in Rivers State has not been met by RSIEC.

At today’s proceeding, the court listened to all pending preliminary applications including those seeking joinder brought by the Social Democratic Party, and Boot Party as well as the substantive suit.

Goddy Uche, (SAN) also presented his motion for change of counsel and discontinuance of the suit on behalf of the Rivers State chapter of the APC which was filed by him and signed by Chief Emeka Beke, Chairman APC Rivers State, and Sam Sam Etetegwung, Secretary APC Rivers State, respectively.

Joseph Daudu (SAN), the lead counsel to six Senior Advocates of Nigeria including James Onoja, prayed the court to grant the reliefs sought by the plaintiff.

Taiwo Taiwo (SAN), appeared for the Attorney General of Rivers State, and Femi Falana (SAN), represented the Rivers State Independent Electoral Commission, challenged the jurisdiction of the court to entertain the case.

The respondents’ counsel equally challenged the competence of the suit on the ground that it was statute-barred.

The respondents further contended that the proper court with jurisdiction to entertain the case is the Rivers State division, Federal High Court.

They also argued that being a vacation court, the court lacks the jurisdiction to hear the case without obtaining the consent of both parties.

After taking arguments from the parties in the suit, Justice Lifu pronounced that a date for judgment would be communicated.