THE Action Peoples Party (APP) has strongly criticized a Federal High Court ruling in Abuja, which prohibits the Independent National Electoral Commission (INEC) from releasing the votersโ register for the upcoming local government elections in Rivers State.
At an emergency press briefing in Port Harcourt today, the partyโs National Chairman, Uchenna Nnadi, denounced the ruling by Justice Peter Lifu as inconsistent and a threat to democracy.
Nnadi reaffirmed the partyโs commitment to ensuring the local government election in Rivers State proceeds as scheduled on October 5, 2024.
Nnadi stated, โEarlier today, we were shocked by yet another contradictory judgment from the Federal High Court in Abuja, though it is not surprising given the courtโs history. As absurd as this ruling is, the farce has gone on too long and must be stopped.โ
Expressing shock over the courtโs decision, Nnadi recalled that the same judge, ten days prior, in a case filed by APP against INEC, Pro-Wike lawmakers, and the PDP, ruled that the PDPโs national legal adviser could not appoint legal representation for the party in opposition to its state chapter.
However, in a sudden reversal, the same judge ruled today, in a case involving the All Progressives Congress (APC), that the national party leadership, not the state chapter, had the authority to appoint legal counsel.
APP condemned this ruling as a โjudicial somersault,โ accusing the court of sowing confusion within the legal system.
Nnadi recounted, โJust days ago, Justice Lifu ruled in a case we filed against INEC, some former members of the Rivers State House of Assembly, and the PDP (Suit No FHC/ABJ/CS/978/2024) that the PDP national body could not appoint legal counsel for the partyโs state chapter. He cited a similar ruling from Justice Inyang Ekwo in Suit No FHC/ABJ/CS/112/2023 and emphasized the importance of following judicial precedent.โ
Yet today, Nnadi noted, the same judge reversed his previous ruling in a similar case involving the APC, stating that the national legal adviser has the sole authority to appoint counsel and dismissing the state chapterโs processes. Nnadi called this decision a stark contradiction of the judgeโs earlier stance.
Citing Justice Lifuโs own words, Nnadi remarked, โThis judgment can only be described, using Justice Lifuโs own language, as โjudicial confusion, conflict of decision, judicial impertinence, and judicial rascality.โโ
The APP Chairman called on the Chief Judge of the Federal High Court, Hon. Justice John Tsoho, to intervene and prevent the court from becoming a venue where politicians seek orders, injunctions, and judgments at will.
He also accused Federal Capital Territory (FCT) Minister Nyesom Wike of attempting to meddle in the local government elections, citing remarks made by Wike in Port Harcourt that implied interference.
Nnadi further accused Justice Lifu of deliberately misrepresenting facts in an effort to halt the elections, specifically by claiming that the Rivers State Local Government law does not govern elections and ignoring Section 60(2) of the RSIEC Law, which prevents courts from stopping elections.
He emphasized that this section aligns with Section 84(15) of the Electoral Act and questioned why one law would be deemed unlawful while the other is upheld.
Nnadi reminded the public that on September 4, 2024, Justice Igwe of the Rivers State High Court ruled in favor of holding the elections and instructed the state electoral commission (RSIEC) to proceed with the polls and provide adequate security.
The APP insisted that Justice Igweโs ruling should take precedence and argued that Justice Lifuโs recent judgment does not overturn a decision from a court of coordinate jurisdiction.
The party called on the Chief Justice of Nigeria and the National Judicial Council to act swiftly to address what they termed โjudicial gymnasticsโ in the Federal High Court, warning that ongoing inconsistencies could erode public trust in the judiciary.