APC Seeks to Nullify Rivers LG Polls Result as Supreme Court Reserves Judgment
The Supreme Court has reserved its judgment on the appeal filed by the All Progressives Congress (APC) seeking to nullify the outcome of the local government elections held in Rivers State on October 5, 2024.
A five-member panel of the apex court, led by Justice Uwani Abba-Aji, announced that the matter was now under consideration after all parties involved adopted their final briefs of argument.
The APC, represented by its lawyer, Mr. J. B. Daudu, SAN, urged the court to overturn the November 21, 2024, judgment of the Abuja Division of the Court of Appeal, which had declined to invalidate the election results. On the other hand, Mr. Yusuf Ali, SAN, representing Governor Siminalaye Fubara, and Chief Chris Uche, SAN, counsel to the Rivers State Independent Electoral Commission (RSIEC), urged the court to dismiss the appeal.
The appellate court had previously vacated a ruling that barred the Independent National Electoral Commission (INEC) from releasing the voter register to the RSIEC for the local government elections. A special panel of the Court of Appeal also faulted the Federal High Court’s decision, which had prohibited security agencies from providing security during the elections.
The Justice Onyekachi Otisi-led panel of the Court of Appeal unanimously held that the lower court lacked jurisdiction to entertain a suit challenging the Rivers State LG elections, citing section 28 of the Electoral Act, which only applies to federal elections, governorship elections, and area council elections in the Federal Capital Territory.
Previously, the Federal High Court, led by Justice Peter Lifu, had issued an injunction stopping the Rivers State local government elections. The court ruled that the RSIEC had erred by fixing the election date without adhering to the relevant laws, particularly the requirement for a 90-day mandatory notice before scheduling the polls.
Justice Lifu also noted that the update and revision of the voter register must be completed before a valid election date can be set. Consequently, he ordered INEC not to release the certified voter register to RSIEC until the necessary legal requirements were met.
