In a notable development concerning the upcoming Rivers State local government election, the Federal High Court in Abuja has once again intervened, issuing a halt to the Independent National Electoral Commission (INEC) from providing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC). The court order came ahead of the local government election scheduled to take place on October 5, 2024, and underscores significant legal considerations regarding the conduct of the polls.
In addition to the injunction against INEC, the court also extended its prohibition to the Inspector General of Police (IGP) and the Department of State Services (DSS), preventing both agencies from offering security services in connection with the upcoming election. This ruling creates further complications for the electoral process, especially regarding the safeguarding and facilitation of the polls.
The ruling was delivered by Justice Peter Lifu, presiding over the court, in response to a lawsuit filed by the Rivers State chapter of the All Progressives Congress (APC). The APC's legal team was led by a distinguished group of Senior Advocates of Nigeria (SANs), including Joseph Daudu, Sebastine Hon, and Ogwu James Onoja, who argued against the legitimacy of the forthcoming election on procedural grounds.
Justice Lifu agreed with the APC's position, ruling that RSIEC was in the wrong for fixing the October 5 date without ensuring compliance with the relevant laws governing the conduct of local government elections. Specifically, the court found that the RSIEC failed to provide the required 90 days' public notice before setting an election date, which is a fundamental requirement under the electoral law.
Moreover, Justice Lifu highlighted that critical steps, such as the update and revision of the voters’ register, must be completed before an election date can be legally and validly established. This procedural omission, the judge stated, invalidates RSIEC’s decision to proceed with the election on October 5.
As a result, the court ordered INEC not to release the certified voters’ register to RSIEC until all legal obligations have been fully met. Additionally, the judge prohibited RSIEC from accepting or utilizing any voters' register from INEC for the purposes of conducting the October 5 local government elections.
This ruling has effectively thrown the upcoming election into uncertainty, raising questions about whether the necessary conditions can be fulfilled in time to proceed with the scheduled date. The case underscores the importance of adhering to legal protocols in the administration of elections and the consequences of failing to meet those standards.