The Federal High Court in Abuja has made a significant ruling, halting the Independent National Electoral Commission (INEC) from giving the Rivers State Independent Electoral Commission (RSIEC) the voter register for the upcoming local government elections in Rivers State.
Justice Peter Lifu issued an interim injunction against INEC while ruling on a motion ex-parte filed by the All Progressives Congress (APC). This legal action was put forward by APC’s legal team, which includes Joseph Daudu (SAN), Sebastine Hon (SAN), and Ogwu James Onoja (SAN).
The APC’s motion cited various legal provisions, including Section 13 of the Federal High Court Act and relevant sections of the court’s orders and rules. The core of their argument is that INEC should not release the voter register to RSIEC for local government elections.
Justice Lifu’s ruling extends beyond just INEC. He also ordered the Rivers State Electoral Commission and the Rivers Attorney-General not to receive or use any part of the National Voter’s Register related to Rivers State for the elections. Additionally, he restrained the Inspector General of Police (IGP) and the Department of State Service (DSS) from providing security for these elections.
Further, the judge directed all involved parties, including INEC, RSIEC, the Rivers State Attorney-General, the IGP, and the DSS, to maintain the status quo and refrain from taking any steps to conduct the local government elections until the court decides on the main case.
The interim orders are to stay in effect until the court resolves the substantive suit, which challenges the legality of holding local government elections in Rivers State. Justice Lifu also required the APC to agree to pay damages to the five defendants if their suit is found to be frivolous.
Moreover, Justice Lifu approved the serving of the court’s orders and related documents to the five defendants through advertisements in two national newspapers. This is to ensure that the defendants are aware of the court’s directives before the next court date.
The judge has scheduled August 2 for all the defendants to appear in court to discuss the main issue. Tony Okocha, the acting Chairman of Rivers APC, stated in a 13-paragraph affidavit that the INEC has not followed the Electoral Act properly in managing the voter register it plans to release to RSIEC. He argued that only INEC is authorized to compile and manage the voter register, not RSIEC.
Okocha emphasized the need for the court to take steps to preserve the integrity of the case by preventing the defendants from interfering with the voter register until the court has made a final decision. He also agreed that the APC would pay any damages directed by the court if the interim order is deemed unnecessary.
All five defendants have been instructed to appear in court on August 2 to present their responses to the interim orders.
