Justice Peter Lifu of the Federal High Court in Abuja has issued a significant ruling that halts the Independent National Electoral Commission (INEC) from releasing the voters register to the Rivers State Independent Electoral Commission (RSIEC) for the upcoming local government elections in Rivers State. This decision was made while delivering a ruling on a motion ex-parte filed by the All Progressives Congress (APC).
The APC’s motion was presented by a team of senior lawyers and was brought under several legal provisions, including Section 13 of the Federal High Court Act, Order 26 Rules 1 and 3, Order 28 Rules 1 and 2, and the inherent jurisdiction of the court as enshrined in Section 6 of the 1999 Constitution. Justice Lifu’s ruling includes an order of interim injunction against INEC, preventing them from providing the voter register to RSIEC.
Furthermore, Justice Lifu extended the injunction to the Rivers State Electoral Commission and the Attorney-General of Rivers State, prohibiting them from receiving or using any part of the National Voters Register from INEC for conducting local government elections. The ruling also restrains the Inspector General of Police and the Department of State Services (DSS) from participating in or providing security for the local government elections in Rivers State.
The judge also issued an order maintaining the status quo ante bellum, preventing all parties, including INEC, RSIEC, the Attorney-General of Rivers State, the IGP, and the DSS, from taking any further actions related to the local government elections. These interim orders will remain in force until the substantive suit brought by the APC is resolved. The APC is challenging the legality of conducting the local government elections in Rivers State.
In his ruling, Justice Lifu directed the APC to undertake to pay damages to the five defendants if the suit is found to be frivolous and the restraining orders were granted unnecessarily. He also approved substituted service of the court orders and other processes on the defendants through publication in two major national dailies to ensure they are aware of the proceedings.
The court has scheduled a hearing for the substantive matter on August 2, requiring all defendants to appear and present their cases. In the affidavit supporting the APC’s motion, Tony Okocha, the acting Chairman of the Rivers APC, outlined the party’s concerns. He argued that INEC failed to comply with the Electoral Act regarding the management of the voters register, which INEC intended to release to RSIEC in violation of the 1999 Constitution and the Electoral Act.
Okocha emphasized that only the voter register compiled, maintained, updated, and kept by INEC should be used by the Rivers Electoral Commission for local government elections. He insisted that RSIEC is not authorized to compile, maintain, update, or keep any separate voters register. He also stated that the APC’s originating summons and motion on notice are pending before the court and that it was necessary to preserve the substance of the case by restraining the defendants from altering the status quo.
The APC’s application, Okocha averred, was made in the interest of justice to maintain the status quo ante bellum and preserve the main matter. He assured the court that the APC would pay any damages as directed if the application for the interim restraining order was found to be unwarranted and frivolous.
As the date for the substantive hearing approaches, all eyes will be on the Federal High Court to see how this legal battle unfolds and its implications for the local government elections in Rivers State. The outcome of this case will likely have a significant impact on the political landscape in the region and set a precedent for similar electoral disputes in the future.
