JUSTICE Peter Lifu of the Federal High Court in Abuja has issued a ruling preventing the Independent National Electoral Commission (INEC) from providing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for the upcoming local government elections in Rivers State.
This interim injunction was granted by Justice Lifu while considering an ex-parte motion filed by the All Progressives Congress (APC).
The motion was submitted by a team of senior legal representatives under Section 13 of the Federal High Court Act, as well as Order 26 Rules 1 and 3, Order 28 Rules 1 and 2, and the inherent powers of the court as defined in Section 6 of the 1999 Constitution.
The judge also prohibited the Rivers State Electoral Commission and the Rivers Attorney-General from obtaining or utilizing any portion of the National Voters Register pertaining to Rivers State for conducting local government elections.
Meanwhile,, Justice Lifu restricted the Inspector General of Police and the Department of State Services (DSS) from engaging with or providing security for the Rivers State Electoral Commission during the local government elections.
The judge also issued orders preventing INEC, the Rivers State Electoral Commission, the Rivers State Attorney-General, the IGP, and the DSS from maintaining the status quo ante bellum and from taking any steps that would advance the conduct of local government elections in Rivers State.
These interim orders will remain effective until the decision on the main case, in which the APC is contesting the legitimacy of the electoral process in the local governments of Rivers State.
In granting the interim restraining orders, Justice Lifu directed the APC to agree to cover any damages incurred by the five defendants should the court later determine that the suit was frivolous and that the restraining orders should not have been issued.
Additionally, Justice Lifu allowed for substituted service to ensure that the orders and other court documents were published in two major national newspapers to notify the five defendants before the next court date.
The judge has scheduled a hearing for August 2, requiring all defendants to present their responses.
The acting Chairman of Rivers APC, Tony Okocha, in a 13-paragraph affidavit stated that the originating summons were filed due to INEC’s failure to fully comply with the Electoral Act regarding the management of the voters’ register it plans to supply to the Rivers electoral body, which the affidavit claims would violate both the 1999 Constitution and the Electoral Act.
The affidavit asserts that only the voters’ register compiled, maintained, and kept by INEC should be used for local government elections, emphasizing that Rivers SIEC is not authorized to maintain a separate voters’ register.
The acting Chairman further explained that the ongoing legal proceedings regarding the APC’s originating summons and motion on notice necessitate actions that preserve the primary issue by preventing the defendants from interfering with the case until the motion is heard.
He also stated that the APC’s application is made in the interest of justice, aiming to maintain the previous order of things and protect the integrity of the main case.
Additionally, the deponent committed to covering any damages that the court may impose if the request for an interim restraining order is deemed unjustified and frivolous.
The five defendants are expected to appear in court on August 2 to provide their respective responses.
