A Federal High Court in Rivers State has confirmed that the local government elections in the state will proceed as scheduled on October 5, 2024.
Justice I.P.C. Igwe delivered the ruling in a case involving the Action Peoples Party (APP) against the Rivers State Independent Electoral Commission, the Rivers State Government, and the Governor of Rivers State.
In his judgment, Justice Igwe emphasized that the defendants are obligated to make adequate provisions for the elections and to ensure that the operations of the local government councils are conducted by democratically elected representatives.
He stated, “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 declared as follows: “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 in view of 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 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 in order 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) pursuant 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 In view 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.
“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 in accordance with its Electoral Guidelines in order 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) pursuant to 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. THAT 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 maintenance of peace, law and order during and after the Election.”
Recall that a Federal High Court in Abuja had also on Monday restrained the Independent National Electoral Commission (INEC) from releasing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for the Local Government elections slated for October 5.
Delivering judgment on Monday, Justice Peter Lifu ruled that RSIEC violated the law by setting a date for elections in the state’s 23 local government areas without adhering to the relevant legal framework.
The suit, filed by the All Progressives Congress (APC), led to the court barring both the Inspector General of Police and the Department of State Services (DSS) from providing security for the election.
Justice Lifu cited the RSIEC’s failure to publish the mandatory 90-day notice prior to the elections as a significant violation. The court also held that the update and revision of the voters’ register should have been completed before any election date was announced.
The court ordered INEC to withhold the certified voters’ register from RSIEC until full compliance with the legal provisions is met.
Additionally, RSIEC was prohibited from accepting or using any voters’ register from INEC for the planned October 5 elections.