.INEC barred from releasing voters’ register
.RSIEC directed to use 2023 register
.Police, Army, others get different directives for exercise
CHIGOZIE AMADI
Five days to October 5, scheduled date for the 2024 local government elections in Rivers State, the exercise is being surrounded with more controversies as both the Independent National Electoral Commission, INEC, and the Rivers State Independent Electoral Commission, RSIEC, have been presented with two separate Court orders from different High Courts to obey.
But despite the controversies, the RSIEC Chairman, Retired Justice Adolphus Enebeli has reassured that the commission is prepared to conduct the elections this Saturday as scheduled.
This is as a Federal High Court in Abuja presided by Justice Peter Lifu, following a lawsuit filed by the All Progressives Congress (APC), on Monday barred the Independent National Electoral Commission (INEC) from releasing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) ahead of the council polls.
The court also prohibited the Inspector General of Police and the Department of State Services from offering security support for the upcoming election.
Justice Lifu ruled that RSIEC’s decision to schedule the election was unlawful, as it did not adhere to the necessary legal requirements, including the 90-day notice mandated by law.
But the latest ruling by the Abuja High Court is coming after another High Court in Port Harcourt had ordered the Rivers State Independent Electoral Commission, RSIEC, to use the 2023 voters’ register and proceed with the local government council elections this Saturday.
Presiding Judge, Justice I. P. C. Igwe gave the order while delivering judgement in Suit No: PHC/2696/CS/2024, filed by Action Peoples Party (APP) as Plaintiff/Applicant against RSIEC, Rivers State Government, and Governor of Rivers State as 1st to 3rd Respondents.
The court emphasised the importance of conducting elections within three months to fill vacant council positions, as mandated by the Supreme Court in Suit No SC/CV/343/2024 delivered on July 11, 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 court order maintained that based on the judgement of the Supreme Court, 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 October 5, 2024.
The court declared that the Rivers State Government and the state governor are bound by Section 7, subsection 1 of the Constitution of the Federal Republic of Nigeria (CFRN) 1999, as amended, to ensure that local government councils are run by democratically elected officials.
The court also ordered the police, Nigeria Security and Civil Defence Corps (NSCDC), Army and other security agencies to provide adequate security during and after the polls to prevent security breaches.
The court order reads in part: “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 Suit 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 1st 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 (23) Local Government Councils of Rivers State.”
“That the Nigeria Police Force, the Nigeria Security and Civil Defense Corps, the Nigerian 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,” it reads.
