Court Reserves Judgment In APC’s Suit Against INEC Over Rivers LG Election
10 months ago 3 min read
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Justice Peter Lifu of the Federal High Court, Abuja has reserved judgement in a suit instituted by the All Progressives Congress) (APC) against the Independent National Electoral Commission (INEC) regarding the conduct of local government election in Rivers State.
Justice Lifu reserved judgment to a date to be communicated to the various parties, after listening to arguments in favour or against the suit.
The APC, had in an originating summons marked FHC/ABJ/CS/987/2024, is seeking for an order of court declaring that INEC is bound to manage the updating and revising of the voter register and 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 the Rivers State Independent Electoral Commission (RSIEC) “in strict conformity and compliance with the mandatory provisions of the 1999 Constitution (as amended) and the Electoral Act 2022”.
The political party sought an order of the court to set aside Sections 13 and 20 of the RSIEC Law No: 2 of 2018 and void them due to their alleged inconsistency with the provisions of sections 28, 29 and 103 (3) of the Electoral Act, 2022.
At Thursday proceedings, the court listened to all pending preliminary applications including those seeking joinder brought by the Social Democratic Party (SDP) and the Boot Party as well as the substantive suit.
The court equally heard motions filed by Chief Goddy Uche, SAN, for change of counsel and another seeking the discontinuance of the suit on behalf of the Rivers State chapter of the APC.
Uche had filed an application dated August 28, seeking for change of counsel, as well as a motion for the discontinuance of the suit signed by Chief Emeka Beke, Chairman APC Rivers State, and Sam Sam Etetegwung, Secretary APC Rivers State, respectively.
Also, Joseph Daudu, SAN, prayed the court to grant the reliefs sought by the plaintiff, Taiwo Taiwo, SAN, for the Attorney General of Rivers State, and Femi Falana, SAN, representing the Rivers State Independent Electoral Commission, who challenged the jurisdiction of the court to hear the case.
He argued that the proper court with jurisdiction to entertain the case is the Rivers State division of the Federal High Court adding that a vacation court lacks the jurisdiction to entertain the case without obtaining the consent of both parties.
Substantially, the plaintiff counsel argued that the condition precedent for conduct of local government election in Rivers State have not been met by RSIEC.
The judge after listening to arguments by various counsels, reserved judgement to a date to be communicated to the parties.
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.
