The Courtroom of Attraction, Abuja, on Thursday, nullified the judgment of the Federal Excessive Courtroom in Abuja, delivered by Justice Peter Lifu, which barred the Unbiased Nationwide Electoral Fee from releasing voters register to the River State Unbiased Electoral Fee for the conduct of the state native authorities polls which has now been performed.
Recall that Justice I. Igwe of the Rivers State excessive courtroom in Port Harcourt had, in a judgment delivered on September 4, ordered RSIEC to conduct the Rivers native authorities elections within the state utilizing the 2023 voters’ register.
The courtroom additionally mandated the Nigeria Police Pressure and the Nigeria Safety and Civil Defence Pressure to offer essential safety through the election course of.
The choose held that the defendants are sure by Part 7, sub-section 1 of the Structure and Part 5 (A) of the RSIEC Legislation Quantity 2 of 2018 to make provisions and conduct the native authorities polls throughout the shortest attainable time, particularly following the expiration of the tenure of the previous elected officers on June 17.
The courtroom additionally cited as a necessity the latest choice of the Federal Authorities mandating states with out democratically elected native authorities to take action inside three months, following the judgement of the Supreme Courtroom on native authorities autonomy.
In the meantime, Justice Lifu of the Federal Excessive Courtroom in Abuja, in a judgment on the same go well with introduced earlier than the courtroom, barred INEC from releasing voters register to RSIEC for the conduct of the October 5 native authorities polls within the state.
Justice Lifu, whereas delivering judgment within the go well with introduced earlier than him by the All Progressive Congress within the state, faulted RSIEC for fixing October 5 because the date for the conduct of the ballot when all related legal guidelines guiding the election had not been complied with.
He held that “the Rivers State electoral physique violated provisions of the native authorities election conduct legislation by not publishing the obligatory 90 days discover earlier than fixing the date”.
The choose additionally held that the replace and revision of voters’ registers should have been concluded earlier than an election date will be legally and validly mounted in legislation.
He, due to this fact, ordered INEC to not launch the licensed voters’ register to RSIEC till the legislation has been totally complied with.
The choose additionally barred RSIEC from accepting any voter register from INEC or utilizing it for the aim of the October 5 native authorities ballot.
The Courtroom additional barred the Inspector Common of Police and the Division of the State Service from offering safety for the conduct of the election.
The particular panel of the Attraction Courtroom led by Justice Onyekachi Otisi, whereas delivering judgment within the enchantment on Thursday, held that the decrease courtroom lacked the jurisdiction to entertain the go well with as part 28 of the Electoral Act doesn’t cowl elections performed by States solely Federal elections, governorship and space council elections within the Federal Capital Territory.
The panel said that the “Electoral Act shouldn’t be relevant to native authorities election and the decrease courtroom lacks jurisdiction to entertain the enchantment”.
The panel additional said that the decrease courtroom was incorrect to have ordered safety companies to not perform their constitutional duties.
The Rivers native authorities judgment enchantment is amongst a sequence of appeals filed earlier than the appellate courtroom by the aggrieved events towards some judgments delivered by the FHC that they had been dissatisfied with.
The Attraction Courtroom President arrange a particular panel to preside over the appeals.